Another attempt to roll back trans inclusion at Hampstead Heath’s iconic bathing ponds has hit a wall.
A legal challenge brought by campaign group Sex Matters – aimed at stopping trans people from using the men’s and women’s ponds in line with their gender – has been dismissed by the High Court.
The group had taken action against the City of London Corporation, which runs the men’s, women’s and mixed ponds in north London, arguing that its long-standing trans-inclusive policy amounted to sex discrimination.
But the judge, Mrs Justice Lieven, ruled that the case couldn’t proceed in the High Court at all – saying the “appropriate forum” for the claim would be the county court instead.
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In short: this wasn’t the place for it.
A policy that’s been in place since 2017
The City of London Corporation has allowed trans people to use the pond that matches their gender identity since 2017 – a policy that has been widely supported by pond users.
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Sex Matters argued the rules should be reconsidered following an April 2025 Supreme Court ruling, which clarified that the term “woman” in the Equality Act refers to biological sex.
Their lawyer claimed the policy put women at greater risk of having their privacy, dignity or safety compromised.
The Corporation pushed back, arguing the legal challenge was late, unnecessary and – in their words – “the wrong way of doing these things”.
The court agreed the challenge couldn’t move forward.
Swimmers overwhelmingly back trans inclusion
While the legal wrangling played out, the City asked the public what they wanted.
The answer was pretty clear.
The BBC reports that a two-month consultation involving more than 38,000 people found overwhelming support for keeping the ponds trans-inclusive:
- 86% backed the existing access rules
- Nearly 90% rejected forcing trans swimmers into separate changing rooms or sessions
- A similar proportion opposed strict single-sex access
- Two-thirds didn’t want all ponds made mixed
Most respondents were regular swimmers, and nearly three-quarters lived in London.
In other words, the people who use the ponds are broadly happy with how things work now.
What happens next?
For now, nothing changes.
The City of London Corporation says the current rules will remain in place while committees review the consultation findings alongside legal and safeguarding considerations.
Translation: trans people can keep swimming.
Final decisions are still to come, but attempts to use the courts to restrict trans access to public spaces are clearly contested – and not widely supported by the public.
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This article was written by one of our creative team writers here at Nonchalant Magazine.
