London's Historic Bathing Pools Weigh Limiting Trans Users' Access

A community feedback process is now underway regarding the access of trans individuals to Hampstead Heath ponds, potentially leading to a prohibition from accessing the facilities for the gender with which they identify.

The Kenwood Ladies’ and Highgate Men’s ponds are separated by gender, with trans people presently permitted to bathe in whichever they feel most appropriate, or opt for the mixed-gender pond on the Heath.

This initiative from the governing body is now presenting six options for inclusive gender policies at the renowned facility, one of which would ban trans people from using their preferred ponds.

It comes amid a battle between groups who swim in the natural pools, following a 2018 demonstration at the male-only pond where female protesters donned artificial facial hair to highlight the organisation’s refusal to ban trans women from the ladies’ pond.

While this was unsuccessful, and the Kenwood Ladies’ Pond Association turned down a proposal last year stating that “only those born female in sex can use the pond”, pressure has since mounted after a high court decision earlier this year that trans women were not legally defined as women.

The consultation appears to have come in reaction to threatened legal action by the advocacy organization a gender rights campaign.

The organisation’s chief executive, Maya Forstater, said, “Female swimmers selecting the women's pond rather than the mixed pond are opting for a single-sex space for a variety of personal reasons, such as modesty and comfort. Allowing men with the protected characteristic of gender reassignment to enter means that it is no longer a female-only environment.”

Trans people called the campaigners “harsh and prejudiced” and noted they have utilized the area for many years without incident.

Through online platforms, they further contended that it was not always easy to tell and that the measures could result in a female-to-male individual who had undergone gender-affirming surgery and was using hormone therapy using facilities for women.

They said it could lead to difficulties where individuals might be questioned on their right to access the facility based on physical characteristics such as their stature or the shape of their jaw.

Announcing the consultation, Chris Hayward, the chair of policy commented, “We recognise the sensitivity of this matter. Our consultation will help ensure that all perspectives are considered, and that conclusions are reached in a fair, respectful and transparent way, in line with the law.

“Although the feedback will provide valuable input, it is not the only factor. The opinions gathered will be evaluated alongside our broader obligations – such as complying with statutory mandates, evaluating equality implications, ensuring safeguarding, and considering how any decisions could be implemented in practice.”