Hampstead Heath Swimming Ponds Weigh Limiting Transgender Users' Access

An community feedback process is now underway concerning the access of trans individuals to the natural swimming ponds at Hampstead Heath, potentially leading to them being banned from using the pools for the gender with which they identify.

The Kenwood Ladies’ and Highgate Men’s ponds are gender-segregated, with trans people currently able to swim in whichever they feel most appropriate, or use the Heath’s mixed-gender pond instead.

This initiative from the governing body has put forward six options for inclusive gender policies at the historic institution, one of which would ban trans people from accessing their chosen bathing areas.

It comes amid a battle between different user groups in the outdoor bathing spots, following a 2018 demonstration at the male-only pond where female protesters donned artificial facial hair to draw attention to the authorities' decision to ban trans women from the ladies’ pond.

Although that effort did not succeed, and the Kenwood Ladies’ Pond Association turned down a proposal last year stating that “only those born female in sex can use the pond”, pressure has since mounted after a high court decision earlier this year that trans women were not legally defined as women.

This review seems to have been initiated in response to potential litigation by the campaign group a gender rights campaign.

The organisation’s chief executive, Maya Forstater, said, “Women who choose to swim at the ladies’ pond over the mixed-gender facility are choosing a female-only environment for a variety of personal reasons, including privacy and dignity. Permitting individuals who are legally recognized as having undergone gender transition to enter means that it is no longer a female-only environment.”

Trans people described the activists “cruel and judgemental” and said they had been using the space for decades with no issues.

On social media, they also argued that it was not always easy to tell and that these rules might lead to a female-to-male individual who had undergone gender-affirming surgery and was taking testosterone using facilities for women.

They said it could lead to difficulties where individuals might be questioned on their right to access the facility based on bodily features such as their stature or the shape of their jaw.

Announcing the consultation, a policy chairperson said, “We acknowledge the delicate nature of this matter. Our consultation will help ensure that everyone’s voice is heard, and that conclusions are reached in a fair, respectful and transparent way, consistent with legal standards.

“Although the feedback will provide valuable input, it is not the sole consideration. The views we receive will sit alongside our wider responsibilities – such as complying with statutory mandates, assessing equality impacts, guaranteeing protection, and considering how any decisions could be implemented in practice.”