The gender-critical charity Sex Matters asked a High Court judge in London on Tuesday, Nov. 3, to rule that the City of London Corporation’s policy letting trans women swim at Hampstead Heath’s Kenwood Ladies’ Pond is unlawful. Its lawyers said the policy puts women at a “particular group disadvantage compared to men,” BBC News reported.
Trans women at Hampstead Heath ponds can keep swimming while the case plays out. “Kenwood Ladies’ Pond will continue to be open to both biological and trans women,” the City’s access policy says.
TransLucent, a trans-led advocacy group, won permission to intervene and will give the judge evidence from trans people the policy affects, said its law firm, Leigh Day. “This case concerns a policy that has important consequences for trans users of the ponds,” Leigh Day solicitor Ellie Fawcett said. (The same fight reached Strictly Come Dancing, where the BBC blurred Bethany Antonia’s “Protect the Dolls” shirt.)
Sex Matters Says Kenwood’s Trans Policy Disadvantages Women
“The point is that women are more likely to experience compromise to their privacy, dignity and/or sense of safety than men in the presence of a person of the opposite sex in what they expect to be a same-sex space,” Tom Cross KC, the charity’s barrister, wrote in submissions quoted by The Telegraph. He also argued that women at the pond have no way of telling whether another swimmer is trans, the paper reported.
“There is nothing inherently ‘manly’ about the Highgate pond or inherently ‘womanly’ about the Kenwood pond,” Cross wrote. The same rules let trans men swim at the Highgate Men’s Pond, and Sex Matters’ claim takes aim at both.
“A judgement in this case would provide a template for other single-sex services,” Sex Matters chief executive Maya Forstater said in February, when the charity sought an appeal, BBC News reported. The charity brought its claim after the U.K. Supreme Court ruled in April 2025, in For Women Scotland, that trans women aren’t “women” under the Equality Act 2010 even if they hold a gender recognition certificate, the same ruling the Women’s Institute cited when it moved to end membership for trans women.
City of London Defends Trans Women at Hampstead Heath Ponds
“There is no evidence before the court of any risk posed by the admission of trans women to the ladies’ pond,” said Daniel Stilitz KC, the City’s barrister, according to The Telegraph. The court heard that no inappropriate behavior by a trans person has been substantiated since the policy began in 2017.
“A biological sex-based option would force trans people to use other facilities where they do not feel as comfortable or safe,” Stilitz said. He called the current rules “justified” and a “proportionate means” of easing the disadvantages trans people face, the BBC reported.
A sex-based policy “would have deprived the ponds of their unique character,” he said. Stilitz also argued that Sex Matters lacks standing and that any claim belonged in county court, The Telegraph reported. “We strongly oppose the basis of the ongoing Judicial Review, and we continue to contest this case vigorously,” the City says on its website.
Why the Case Returned to Court
Mrs. Justice Lieven turned the charity away on Jan. 29, ruling the challenge premature because the City hadn’t finished reviewing its policy. The City “should be allowed to conduct a full consultation, with all options on the table,” she wrote in her judgment.
Lady Justice Elisabeth Laing revived the case in March and granted permission for judicial review, Local Government Lawyer reported. “She did not ask, or answer, the question whether they were arguable,” Laing said of Lieven’s approach to the grounds.
A City committee voted June 4 to keep the ponds trans-inclusive after 86% of consultation respondents backed the existing rules, ITV News reported. “Whilst the Supreme Court judgment confirmed the legal definition of ‘sex’, it did not decide that all trans-inclusive services must become single-sex services,” said Chris Hayward, the City’s policy chairman.
Sex Matters hit back that same day. “City of London Corporation members have today voted to unlawfully discriminate against and harass women using the Ladies’ Pond,” said Fiona McAnena, the charity’s director of advocacy.
When Will the High Court Rule on Kenwood Ladies’ Pond?
Sex Matters says its claim now covers seven City decisions, from May 2025 through the June vote. “Unfortunately, we will inevitably see ongoing expensive litigation against the corporation by those who wish to drive trans people out, until this Government clarifies the intent of our equality laws,” a Trans+ Solidarity Alliance spokesperson said in June, ITV reported.
The Equality and Human Rights Commission’s updated code of practice went to Parliament as a draft on May 21, according to the City, which says it’s “confident that the agreed access arrangements are lawful, justified, and proportionate.”
The hearing before Mr. Justice Linden is expected to end Wednesday, Nov. 4, with a written judgment to follow at a later date, The Telegraph reported.
