Judge blocks charity’s challenge over trans people’s use of Hampstead ponds single-sex facilities | Gender
A charity’s legal challenge over transgender people’s access to single-sex facilities at swimming pools on Hampstead Heath has failed in the high court.
Sex Matters, a UK-wide gender critical campaign group, has sought to take legal action against the City of London, which manages swimming pools in north London, arguing that allowing transgender people to use facilities for the gender they identify with amounts to gender discrimination.
This follows a Supreme Court decision last year which found that the terms “woman” and “gender” in the Equality Act only refer to biological women and biological sex, and do not include trans women who hold a gender recognition certificate.
In a judgment striking out the legal action on Thursday, Mrs Justice Lieven said the “appropriate forum” for such a claim would be through someone in the district court rather than the high court.
He said: “In my view the most appropriate person to make this claim is someone who says they were discriminated against in accessing the ponds.”
Tom Cross KC, acting on behalf of Sex Matters, argued that the rules treated an individual woman “less favorably” than an individual man because women “are at greater risk of having their privacy, dignity or safety compromised”.
There is a mixed pond at Hampstead Heath, but the Kenwood Ladies’ and Highgate Men’s pools are segregated by gender; Trans people can currently swim wherever they find most convenient or use the heathland’s mixed pond instead.
The Good Law Project, which opposed the high court’s decision, said the decision was “a huge win for trans rights” and that it was “a relief that the ponds can remain a place where trans people have always belonged.”
Maya Forstater, CEO of Sex Matters, said “the fight for the safety, privacy and dignity of women in single-sex spaces will continue.” He added that the claim was “dismissed on procedural grounds” and that he would not give providers a “green light” to allow transgender people into single-sex facilities.
The decision came on the same day as the City of London. Published the results of consultations on the issue86% of respondents said they were in favor of maintaining current trans-inclusive regulations.
More than 38,000 people attended the two-month consultation and most said they supported maintaining existing access arrangements.
The same percentage opposed the introduction of single-gender access, with 90% rejecting transgender swimmers using separate changing rooms or having separate swim sessions and 66% opposing making all pools mixed-gender.
The City of London said the consultation was open to everyone and aimed to hear a wide range of views, but 84 per cent of those surveyed had swum in swimming pools and 74 per cent lived in London.
The consultation also included a series of focus groups with pool users, where maintaining existing trans-inclusive arrangements also received the broadest support.
Chris Hayward, head of policy at the City of London Corporation, said: “The volume and tone of responses we have received make it abundantly clear how valuable ponds are as calm, safe and welcoming community spaces that everyone can enjoy.
“While we have made clear that this consultation is not a referendum, careful review of the findings from it will form an important part of our wider decision-making process, which we will communicate clearly to the public in the coming months.
“It is important that we take the time to ensure future access regulations are fair, legal, evidence-based and, most importantly, respectful of those using swimming pools.”
The findings of the consultation will be considered “alongside legal duties, equality impact assessments, safeguarding responsibilities and operational considerations” and existing admission rules will remain in place until a final decision is made.
