The City of London Corporation has launched a public consultation to help inform future access arrangements at Hampstead Heath’s Bathing Ponds.
The consultation, which will run until 25 November, invites feedback from pond users, the local community, and stakeholders on how the Kenwood Ladies’, Highgate Men’s, and Hampstead Mixed ponds should operate in the future.
Currently, the Men’s Pond admits biological men and trans men, and the Ladies’ Pond admits biological women and trans women, with the protected characteristics of gender reassignment under the Equality Act 2010.
These arrangements have been in place for many years, consistent with the City Corporation’s Gender Identity Policy – adopted in 2019 following a public consultation – and previous versions of the Equality and Human Rights Commission’s (EHRC) Statutory Code of Practice.
Both the City Corporation’s Gender Identity Policy and past EHRC guidance have since been withdrawn following the UK Supreme Court judgement in For Women Scotland (April 2025) on the meaning of “sex” in the Equality Act 2010.
Like many organisations, the City Corporation – which manages Hampstead Heath as a registered charity – is now reviewing its access rules to ensure they remain fair, lawful and respectful, in light of the recent Supreme Court ruling and evolving EHRC guidance.
The consultation will support that review and ask for views on whether the Ladies’ Pond and the Men’s Pond should continue to operate as trans-inclusive or exclusively single-sex spaces, or as mixed-sex spaces. We’re also asking for feedback on whether communal toilets and changing rooms should be trans inclusive, and whether there should be specific times reserved for biological single sex use. [Please see notes to editors for the full list of options being put forward for consideration].
The findings will not determine the future policy on their own but will help inform decisions made by Members of the City Corporation’s committees, alongside several other key factors, including legal duties, equality impacts, safeguarding, and practical enforcement considerations.
The current admission rules will remain in place until the consultation concludes and decisions regarding future access have been finalised by the relevant City Corporation committees. The City Corporation will make the findings of the consultation publicly available
once final and clearly communicate any decisions made.
Executive Summary
This consultation seeks your views on access arrangements at the Hampstead Heath Bathing Ponds
Highgate Men’s Pond, Kenwood Ladies’ Pond and Hampstead Mixed Pond, with a particular focus on potential changes at the Highgate Men’s Pond and the Kenwood Ladies’ Pond.
Following the recent Supreme Court decision in For Women Scotland, and in line with other service
providers, the City of London Corporation is reviewing its policies, including those at the Hampstead Heath Bathing Ponds. Your feedback will help inform decisions about future arrangements, alongside legal obligations, equality and safeguarding duties, financial constraints, and practical considerations.
Context & Background
Who is running the consultation:
This consultation has been commissioned by the City of London Corporation, which manages Hampstead Heath as a registered charity. The consultation is being run by an independent and impartial consultancy with extensive experience examining complex public policy matters on behalf of the City of London Corporation. They will analyse all responses to the consultation and produce the final report summarising the results. The consultation is also being supported by a social enterprise dedicated to raising the standard of consultation and engagement across the UK and internationally.
Legal and policy background:
The City of London Corporation is required to comply with relevant legislation, including the Equality Act 2010, relevant case law, and to have regard to its own corporate policies on inclusion, safeguarding, and public safety. On 16th April 2025, the Supreme Court delivered its judgment in the case of For Women Scotland v The Scottish Ministers [2025] UKSC.
The Court clarified that the terms ‘man’, ‘woman’, and ‘sex’ in the Equality Act 2010 refer to a biological man, a biological woman, and biological sex. The Court also emphasised that trans people with the separate protected characteristic of gender reassignment under the Equality Act 2010 are also protected from unlawful discrimination and harassment. Following this, and in line with other service providers, the City of London Corporation is reviewing its policies, including those at the Hampstead Heath Bathing Ponds. The review must consider the impact of current and potential future arrangements on all users, while ensuring legal duties are met and appropriate access is provided. Specialist legal advice is being taken throughout this process.
History of the service:
Hampstead Heath has a long tradition of public swimming and recreation. There are three Bathing Ponds on Hampstead Heath: the Highgate Men’s Pond, the Kenwood Ladies’ Pond, and the Hampstead Mixed Pond. The Mixed Pond is a mixed-sex facility, open to all. The Highgate Men’s Pond is currently accessible to all biological men and trans men, and the Kenwood Ladies’ Pond is currently accessible to all biological women and trans women.
This arrangement has been in place for a number of years and reflected the City Corporation’s Gender Identity Policy (adopted in 2019) and the previous version of the Equality and Human Rights Commission’s (EHRC) Statutory Code of Practice. However, both the City Corporation’s Gender Identity Policy and the EHRC Code of Practice have been withdrawn following the Supreme Court ruling.
Options for consideration
We are seeking views on the following options for the future operation of the Hampstead Heath Bathing Ponds and in particular the Highgate Men’s Pond and the Kenwood Ladies’ Pond:
- That they should be strictly single-sex facilities – Under this option the Highgate Men’s Pond would only be accessible to biological men and the Kenwood Ladies’ Pond would only be accessible to biological women.
- That they should continue to be trans-inclusive spaces as currently operated – Under this option the Highgate Men’s Pond would be accessible to all biological men and trans men and the Kenwood Ladies’ Pond would be accessible to all biological women and trans women as at present.
- That they should be trans-inclusive spaces based on how people have decided to live their lives – Under this option the Highgate Men’s Pond would only be accessible to people who have decided to live their lives as men (including trans men but excluding trans women) and the Kenwood Ladies’ Pond would only be accessible to people who have decided to live their lives as women (including trans women but excluding trans men).
- That they should be trans-inclusive spaces but that the communal toilets and changing rooms should not – Under this option trans men would have access to the Highgate Men’s Pond and trans women would have access to the Kenwood Ladies’ Pond and Meadow, but would be required to use the separate accessible toilet, shower and changing room at each facility.
- A hybrid approach where they are trans-inclusive spaces at stated times but are operated as strictly single-sex facilities at other times – Under this option, the Highgate Men’s Pond and the Kenwood Ladies’ Pond would continue to be trans-inclusive spaces at certain specified times, but there would be other advertised sessions/times when these facilities would be operated as strictly single-sex spaces.
- That they should be mixed-sex spaces – Under this option both the Highgate Men’s Pond and the Kenwood Ladies’ Pond would be accessible to everyone regardless of sex or gender. The City of London Corporation does not currently favour this option, as it is believed that it would be unpopular with most users, due to the unique nature and historic significance of these Bathing Ponds. However, it has been included as an option for completeness and to evaluate support for it. This will be considered alongside other options.
Other factors decision-makers will consider
In addition to the outcome and independent report into the public consultation, the final decision on future access arrangements will also consider the following:
- Legal duties and compliance (Equality Act 2010, Supreme Court judgment, safeguarding)
- Equality impacts and assessments
- Safeguarding and welfare
- Practical enforcement/implementation issues
- Financial implications
How to take part
Through the online survey: https://hampstead-heath-bathing-ponds.commonplace.is/
Photo credit: City of London Corporation