Hampstead Heath's Bathing Ponds Access Policy
Hampstead Heath's Bathing Ponds will continue to operate as trans-inclusive spaces under a newly agreed access policy.
This means:
- Kenwood Ladies' Pond will continue to be open to both biological and trans women
- Highgate Men's Pond will continue to be open to both biological and trans men
- Hampstead Mixed Pond remains open to everyone
These arrangement reflect the approach that has been successfully in place for a number of years.
The decision follows an extensive public consultation, in which 86% of more than 38,000 respondents supported retaining the current trans-inclusive arrangements. You can read the full consultation report at the bottom of this page.
A series of improvements to facilities have also been agreed across all three ponds, including upgrades to toilets, changing and shower areas to enhance privacy and the overall experience for swimmers.
Read the full announcement.
FAQs
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The Supreme Court’s April 2025 judgment clarified the legal definition of “sex” under the Equality Act 2010, but it did not decide that all trans-inclusive services are unlawful and must now be strictly segregated according to biological sex.
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Service providers must apply the provisions of the Equality Act 2010 to their specific services. After taking detailed legal advice, and running an extensive consultation, we are confident that the agreed access arrangements are lawful, justified, and proportionate.
- We take safeguarding very seriously. Our staff are trained to manage the ponds safely, respond to concerns sensitively, and focus on behaviour. If anyone acts inappropriately or makes others feel unsafe, staff will take action.
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The improvements we are making across these facilities will provide better privacy and accessibility for swimmers, while respecting the character of the ponds.
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There have been no substantiated complaints of unsafe behaviour by trans people at the ponds. The current approach has been in place for many years and has helped ensure the ponds remain calm, safe and welcoming spaces for everyone.
- It has been over a year since the Supreme Court clarified the definition of "sex" under the Equality Act 2010. Since then, we have responded carefully, running an extensive consultation to provide a clear direction.
- The Government laid the Equality and Human Rights Commission's EHRC draft updated Code of Practice in Parliament on the 21 May 2026.
- This new national guidance has not yet become statutory. If there are no objections, it will become statutory 40 days from the date it was laid. Taking a clear local decision now is the responsible thing to do and provides clarity for pond users.
- The draft Code provides guidance to make the law clearer for service providers and others, protecting people’s rights across England, Scotland and Wales.
- We strongly oppose the basis of the ongoing Judicial Review, and we continue to contest this case vigorously. These continuing legal challenges require significant time and resources, diverting funds and time away from managing Hampstead Heath as a registered charity and from providing high‑quality services for the public.
- We take all safeguarding concerns extremely seriously. There have been no substantiated complaints of inappropriate or unsafe behaviour by trans people at the Bathing Ponds. We continue to monitor behaviour at all Bathing Ponds closely and will always act on any legitimate concerns.
- Our priority is to provide a tranquil, safe, and respectful environment for all pond users and staff. Any incidents that are reported are taken seriously, investigated, and addressed appropriately, including through enforcement action where necessary.
- Our 2019 Gender Identity Policy and the previous Equality and Human Rights Commission (EHRC) Code of Practice were both withdrawn following the Supreme Court judgment.
- We are operating in line with the Equality Act 2010 as clarified by the Supreme Court, taking detailed legal advice where needed. A new corporate policy on gender identity will be developed once updated national guidance is available.
- In the meantime, decisions about the Bathing Ponds are made on the basis of current law, local circumstances, and the evidence gathered through consultation, equality assessments and safeguarding considerations.
- The consultation was designed so that responses from people who regularly use the Bathing Ponds can be identified and analysed separately.
- In addition, we held dedicated focus groups with people who swim at the ponds to explore their views in more depth.
- The findings from these focus groups will be considered alongside the results of the wider public consultation, ensuring that the voices of regular users are clearly understood.
- Robust, industry-standard technical safeguards were used to detect and prevent spam or automated responses.
- The independent and impartial body supporting the consultation applied verification checks to identify duplicate, coordinated, or campaign responses, alongside quality-assurance processes to ensure the integrity and reliability of the data.
- Public consultations are designed to gather views and experiences, not to determine questions of law.
- The consultation findings will therefore be considered alongside legal advice, relevant case law, statutory guidance, and the City Corporation’s duties under the Equality Act 2010.
- Where there are differences between public opinion and legal requirements, Members must ensure that any final decision is lawful, proportionate, and defensible, while carefully weighing the views expressed through the consultation.
- The consultation is funded from the City Corporation’s own reserves and is wholly separate from the budget dedicated for the Heath’s upkeep. This means no funding has been diverted from the Heath’s maintenance and care. We are continually grateful to our Heath officers for their daily care, commitment, and skill in maintaining and improving the Heath for everyone’s benefit.
- The consultation was conducted by the City of London Corporation, supported by TONIC, an independent and impartial consultancy with 18 years’ experience delivering complex public-policy consultations.
- TONIC has conducted more than 250 consultations, evaluations, and needs assessments, helping public bodies gather robust evidence to inform decision-making.
- The work was also supported by a social enterprise dedicated to improving the standard of public consultation and engagement in the UK and internationally.
- The consultancy was appointed through an open and competitive procurement process.
- The successful provider demonstrated strong experience in managing complex and sensitive consultations with transparency, consistency, and care.