Trans row erupts as trans bathers allowed to swim in women's only pond

A row has erupted at Hampstead Heath over whether transgender bathers should be allowed to keep swimming in the Ladies Pond. Now a women's rights group is planning to sue the corporation that runs the pond for £50,000.

In May, the women-only bathing spot did not ban transgender women despite a landmark Supreme Court verdict which ruled that they are not legally recognised as female. Kenwood Ladies' Pond, which opened 100 years ago specifically for women and girls, has been at the centre of a heated debate over trans rights since the City of London Corporation implemented a self-ID policy in 2019. The London authority confirmed the policy would "remain in effect at this time" despite the judgment.

The City of London Corporation said that it did not need to comply with the requirement for single-sex spaces in the Equality Act, arguing: "The Ladies' Pond is not a single sex facility ... precisely because trans women are permitted to access the swimming facilities."

The decision not to suspend pond access for trans women has drawn sharp criticism from some campaigners. The pond opened in 1925 and is the sole women-only freshwater swimming amenity in the country

Campaign group Sex Matters is now stepping up the argument, which could eventually reach the High Court.

Chief Executive of Sex Matters, Maya Forstater, told The Times they were "amazed" that the corporation held this view, saying it was "nothing more than linguistic trickery".

She added: "The corporation claims that, because it chooses to define 'women' and 'men' according to not biological sex but to who wants to be referred to as 'she' or 'he', the Supreme Court judgment doesn't apply.

"Neither Hampstead Heath nor the City of London Corporation are sovereign entities that get to make their own laws.

"We will be taking our next steps in August and think this case will be very significant in testing what can only be described as creative interpretations of equality law following the Supreme Court judgment."

Sex Matters argues that the case is important both for women who want to swim in a women-only space and to show service providers and public authorities that following the law is not optional.

The women's rights group has previously said it has examples of women who have felt uncomfortable using the ponds since trans women were allowed in, according to The Telegraph.

The group said women have "been subjected to trans-identifying men being naked in the changing area and showers" and experienced "trans-identifying men taking photographs of women and girls and trans-identifying men topless in the meadow, both of which are not permitted".

After the Supreme Court ruling earlier this year, the Kenwood Ladies' Pond Association (KLPA), a volunteer-led group representing people who use the pond, said: "The Ladies' Pond is open to all women and girls over the age of eight and, according to the lifeguards, trans women have been swimming there for many years without incident.

"The Ladies' Pond is well-staffed by lifeguards and stewards who are there to ensure the safety and wellbeing of all users."

Members of the KLPA also voted to reject a motion that "only those born female in sex can use the pond".