High Court hearing on Kenwood Ladies’ Pond this week
Following the For Women Scotland case, some organisations have been bringing their policies into line with the law. Others have been making the excuse of waiting for EHRC guidance.
But the City of London, which runs the men’s, women’s and mixed bathing ponds on Hampstead Heath, doubled down on its “trans women are women” stance.
Despite admitting that its policy of admitting swimmers to the single-sex ponds and changing rooms on the basis of gender self-identity “was based on what has turned out to be a misinterpretation of the law”, it put up new signs in July saying:
“Those who identify as women are welcome to swim at the Kenwood Ladies’ Pond. The Ladies’ Pond is open to biological women and trans women with the protected characteristic of gender reassignment under the Equality Act 2010”.
This means that fully intact males are allowed to swim with, and use communal changing rooms and showers shared with, women and girls.
We are challenging the lawfulness of this policy.
A one-day “permission hearing” will take place on Wednesday 17th December at the Royal Courts of Justice in London. We expect that the hearing will start at 10.30am and a decision on permission to go forward to a full hearing will be given in the afternoon. The oral permission hearing was ordered by Mrs Justice Lieven, who said: “There are some complex and controversial issues in this case.” Sex Matters is represented by Tom Cross KC and Sarah Steinhardt, instructed by Sasha Rozansky.
You can read the papers for the case:
our statement of facts and grounds
Maya Forstater’s witness statement
our skeleton argument.
The City of London’s policy is broadly consistent with the Services, public functions and associations Statutory Code of Practice published by the Equality and Human Rights Commission (EHRC) in 2011, which infamously said at paragraph 13.57:
“If a service provider provides single- or separate sex services for women and men, or provides services different to women and men, they should treat transsexual people according to the gender role in which they present.”
The EHRC has already admitted that this is wrong in law, but the government has refused to withdraw this guidance until it lays the new guidance before Parliament, and it has given no date for that.
But the law is the law right now. The Supreme Court has made clear that identifying as transgender does not change a person’s sex for the purposes of the Equality Act. Single-sex services can lawfully be provided where the service is limited by biological sex. Those services cannot treat trans people as being the opposite sex.
The Supreme Court explained that in enacting the single-sex and separate-sex service exceptions which cover both sex and “gender reassignment”, the intention was:
“to allow for the exclusion of those with the protected characteristic of gender reassignment, regardless of the possession of a GRC, in order to maintain the provision of single or separate services for women and men as distinct groups in appropriate circumstances.”
Part of the City of London’s defence is that it is running a consultation which might result in its changing the rules in spring. It says that allowing the claim to proceed would interfere with good administration. We say the opposite is true: it will benefit from the court’s confirmation of the legal position.
Women’s voices
Sex Matters’ submissions include voices from women and men who value the single-sex nature of the ponds:
“Amy” said:
“I go to the ladies pond because of the meadow: a place where I can sunbathe in a bikini with an absence of men gawking at me or attempting to chat me up while I’m just resting. In the meadow that is women only, I can properly relax in a space free of potential sexual harassment. I am entirely safe. In any other meadow on Hampstead heath I run the risk of unwanted male attention. The meadow is a completely unique space in this respect, because of it being single sex- female only. As soon as one man is permitted to access that space, my dignity, privacy and physical safety is compromised. This is regardless of my religious or political beliefs. This is based on my lived experience of being female in London. Inviting men into that space removes a freedom which was granted when the space was strictly female only. Perhaps this loss of freedom is more evident for Muslim women, but for myself as an atheist, a born and bred Londoner, the loss of freedom is felt viscerally; it may as well be any other meadow on Hampstead heath. The safety is lost.”
Susie Cottee, a frequent swimmer at the Ladies’ Pond who swims early in the morning four or five times a week, all year round, said:
“It’s hard to describe the sense of calm joy I feel as I walk down the path and catch my first glimpse of the pond. Whatever the weather or season, the pond is tremendous, enabling a sacred immersion with nature which most of us London dwellers aren’t lucky enough to enjoy the rest of the time. So much life is here. The pond is magic, it’s a private haven, not easily visible from outside and it’s just for us. Women. Or rather it should be.”
Amanda Craig said:
“I’ve been swimming in the Ladies’ Pond, a uniquely single-sex pool in the UK, for over 50 years. It has a very special atmosphere, because no men or boys are allowed. I have a torso covered in scars from various operations, and feel very uncomfortable undressing in mixed circumstances.”
Christine Knights said:
“I have been using the Ladies Pond for over 50 years. In that time it has always been understood as a single sex area with a sign that says women only, men not allowed. If men have to come onto the premises for any reason e.g. a plumber to carry out urgent work, the lifeguards warn women that this is about to happen. Women walk around the communal changing rooms and on the meadows in the nude and it’s a lovely place to really relax in the absence of the male gaze.”
Many women told us that they have self-excluded or no longer feel safe at the Ladies’ Pond. “Cathy” said:
“I used to love going to the Ladies’ Pond at Hampstead Heath. However in the last few years I’ve felt very uncomfortable knowing that male bodied people are going there. It feels creepy to be sitting on the grass knowing there is a man next to you.”
“Frances”, a pensioner aged 68 who is who is a registered disabled and has been using the Ladies’ Pond since 1984, said that she has not swum at the Ladies’ Pond since biological men were allowed into the pond because she has not felt safe to do so “physically, emotionally or psychologically”:
“I now no longer swim at the ponds as I feel completely unsafe in enclosed spaces when men/naked men are known (and encouraged) to be in the vicinity. I am short-sighted – so seeing through the steam in the changing-rooms in the winter or who is on the meadow in the summer is difficult when I am showering or drying myself. I feel threatened by the known presence of men in our space. There is also the constant feeling of fear that nowhere in the pond enclosure is safe as a women’s space - there may be men on the sun-bathing meadows, in the bushes, in the pond, in the showers and toilets – and we cannot challenge this. We lose our solidarity as women and we have to deny reality – so this is a slippery slope to madness.”
“Ada” said:
“The inclusion of trans-identifying men into the Ladies Pond has felt like a physical assault and a shattering of the possibility of access to this once-safe outdoor space for women. It has felt heart-breaking, and a bullying statement of exclusion to women, especially given that there are already two other ponds that are fully open to trans-identifying men, the Men’s Pond and the Mixed. I don’t use the Hampstead Ponds any more because of this. The City of London is spitting on women’s rights of access and safety in this precious outdoor space. It is astonishing that this has been allowed to happen.”
Several women told us about upsetting experiences of encountering trans-identifying men at the pond:
A GP who has given a witness statement asking for anonymity says that in July 2019 she saw a man in a tight-fitting bikini bottom visibly displaying his male genitalia being helped by a group of women bathers to fit a bikini top. He entered the women’s changing room and stood staring at a group of naked teenage girls. She reported her concerns to the lifeguards, who said the person was entitled to be there.
Josey Graham and Issy Ismail give witness statements that describe an incident in June 2025, when they encountered a man in the meadow and challenged him. They were reported to the lifeguards, who said: “All women are welcome.”
Marilyn Herman gives a witness statement that describes three occasions of seeing men at the Ladies’ Pond in 2021, and being told “That’s a woman” when she complained about the first one. She describes an experience in 2024 when she was showering naked at the outside showers and a man stood between her and her towel looking at her. She reported this as voyeurism to the police and raised a concern with the Kenwood Ladies’ Pond Association.
Eve Kay-Kreizman gives a witness statement about her neighbour, “Alice”, who encountered a male swimmer in the ladies’ showers, facilitated by the stewards. She complained to the City of London and was told this was within its inclusion policy
Sarah Fulburg encountered a trans-identifying man in the showers and changing room in September 2023.
Mary Kountouris encountered an elderly man asking young women to fasten his bikini top and then asking questions about nudity in the showers.
Valerie Dunn saw a young man with a full beard sitting in the meadow and felt she could not go and complain to the lifeguards.
Emily said that in July 2025 there was a young man in a dress and makeup at the ponds.
“Frances” said that in spring 2025 her neighbour saw a topless male in men’s swimming shorts with a young woman companion in the pond. Her neighbour didn’t think she could complain.
Carol Jones said she stopped going to the Ladies’ Pond three years ago, after seeing a man in a skimpy bikini rubbing himself and staring at women.
Amanda Craig said that in 2018 she encountered a large naked man who came into the women’s showers when she was naked and vulnerable. She told the lifeguard, who said the man identified as a woman.
Beverley Woodburn complained in 2024, after noticing a topless man in the meadow taking photographs of young women. The lifeguard told her he was a transwoman. She reported the incident to the police and to the City of London.
The City of London has said:
“Many of the alleged incidents are, to put it neutrally, open to interpretation (eg whether an individual is looking around voyeuristically or just looking around; whether someone is “preening” whilst drying off, or just drying off.”
This is exactly the point. Women shouldn’t have to worry about whether a man in the women’s changing rooms is there for nefarious purposes or to affirm his womanly identity. In either case he is breaching her privacy and dignity and she should not be accused of being a “transphobe” for objecting.
There is a mixed pond that can be used by individuals of either sex.