Hampstead Heath Seeks Public Input on Transgender Access to Ponds

The City of London Corporation (CLC) has initiated a public consultation regarding access for transgender individuals to its single-sex bathing ponds at Hampstead Heath. This decision follows a recent Supreme Court ruling in April 2023, which clarified the legal definitions of “woman” and “sex” under the Equality Act 2010, specifically indicating these terms refer to biological females.

The consultation, which commenced on November 7, 2023, invites feedback from swimmers and local residents on the access policies for the Kenwood Ladies’, Highgate Men’s, and Hampstead Mixed ponds. Under current rules, biological men and transgender men can use the Men’s Pond, while the Ladies’ Pond is accessible to biological women and transgender women, in accordance with existing protections for gender reassignment under the law.

The CLC stated that these arrangements have been in place for many years, guided by their gender identity policy adopted in 2019 after a public consultation. However, with the recent legal developments, both the CLC’s policy and previous guidance from the Equality and Human Rights Commission (EHRC) have been withdrawn.

Public Consultation Aims for Fairness

The CLC is now reviewing its access rules to ensure they remain fair, lawful, and respectful. The ongoing consultation will run until November 25, 2023, and seeks opinions on whether the ladies’ and men’s ponds should continue to function as either trans-inclusive spaces or as exclusively single-sex areas. Additionally, the consultation will explore whether communal toilets and changing rooms should be trans-inclusive and if specific times should be reserved for biological single-sex use.

Chris Hayward, the chairman of policy at the CLC, emphasized the importance of community input, stating, “Hampstead Heath is one of London’s most cherished open spaces, and the bathing ponds are an integral part of the heath. We want to hear directly from users and other stakeholders about how they value these unique facilities and how they believe they should operate in the future. I encourage everyone with an interest to take part in the consultation.”

The CLC recognizes the sensitivity around this issue and aims to ensure that all voices are heard. Hayward further remarked that the consultation’s insights will complement their broader responsibilities, including adherence to legal requirements, assessing equality impacts, safeguarding, and practical implementation of any decisions made.

Challenges Following Legal Ruling

In early September, Baroness Kishwer Falkner, chairwoman of the EHRC, noted that adapting to the Supreme Court ruling will pose challenges for service providers. She asserted that organizations should have been complying with the law prior to this ruling.

The CLC indicated that the findings from the consultation will guide future decisions made by its committees. Until the consultation concludes and new access policies are established, the current admission rules will remain in effect. A report detailing the results of the consultation will be published at a later date.

Individuals wishing to participate in the consultation can provide their input via the CLC’s dedicated platform at www.hampstead-heath-bathing-ponds.commonplace.is. The outcomes will play a crucial role in shaping the future of access at Hampstead Heath’s bathing ponds, balancing inclusivity with legal and social considerations.