A charity’s legal challenge against rules allowing trans people to use the single-sex facilities at Hampstead Heath’s swimming ponds cannot proceed at the High Court, a judge has ruled.
Sex Matters took legal action against the City of London Corporation, which operates the men’s, ladies’ and mixed bathing ponds in north London.
It said the policy of allowing trans people to use the facilities for the gender with which they identify amounted to sex discrimination.
But Mrs Justice Lieven dismissed the challenge, saying the « appropriate forum » for the claim is the county court rather than the High Court.
Campaign group Sex Matters filed for a judicial review, arguing the corporation’s policy was unlawful based on the April 2025 Supreme Court ruling that a woman is defined by biological sex under the 2010 Equality Act.
Tom Cross KC, for the charity, said at a hearing in December that the rules treat an individual woman « less favourably » than an individual man, as they are at « greater risk of suffering the detriment of her privacy, dignity or safety being compromised ».
He said the City of London Corporation should change its policy after the Supreme Court ruling.
Daniel Stilitz KC, for the corporation, said the claim should have been dismissed for being out of time because the current policy has been in place since 2017.
He described the legal action as « unhelpful, premature and the wrong way for doing these things ».
A consultation run by the City of London Corporation and published on Thursday found that nearly 90% of respondents backed trans-inclusive access to the ponds.
More than 38,000 people took part in the consultation over a period of two months.
Of those, 84% of respondents to the consultation had swum at the bathing ponds and 74% lived in London, the City of London said.
Six options were considered for the Kenwood Ladies, Highgate Men’s and Hampstead mixed ponds, with 86% of respondents supporting the existing trans-inclusive access arrangements.
A similar proportion also opposed introducing strict single-sex access, while 90% rejected requiring trans swimmers to use separate changing rooms or have separate swimming sessions, and 66% opposed making all ponds mixed sex.
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