A High Court judge has refused a legal challenge from the gender-critical charity Sex Matters that aimed to stop transgender women from using the women’s swimming pond at Hampstead Heath in north London. The decision means that transgender people can continue to use the single-sex bathing ponds in accordance with their gender identity while the City of London Corporation reviews its policy.
Mrs Justice Lieven ruled that Sex Matters may not bring its case at the High Court as a judicial review, saying the claim was premature because the City Corporation is still completing a consultation on future access arrangements. She said that any discrimination complaint should be brought by an individual in a county court.
Sex Matters argued that the city’s trans-inclusive policy, under which transgender women swim in the Ladies’ Pond and trans men in the men’s pond, amounted to unlawful sex discrimination under UK equality law. The charity pointed to a 2025 UK Supreme Court ruling that defined “woman” and “sex” in the Equality Act 2010 in terms of biological sex.
The judge’s decision coincided with the City of London Corporation’s release of its consultation results, showing overwhelming public support for keeping the ponds trans-inclusive. More than 38,000 people participated, with around 86 percent backing the current access arrangements and similarly large majorities rejecting proposals for strict single-sex access or requiring separate facilities or sessions for trans swimmers.
In response to the ruling, the City Corporation said it will continue to consider the consultation results along with legal duties and equality impact assessments before making a final decision. Until then, the current trans-inclusive rules remain in force.
Sex Matters’ chief executive, Maya Forstater said the group was disappointed and is considering further options, arguing that the city’s policy risks privacy and safety for women.
Sex Matters has become one of the most prominent anti-trans advocacy groups in the UK, using litigation to challenge trans-inclusive policies. It was granted charitable status in 2024, a move that has drawn significant criticism given its political campaigning against a protected group. Critics and many transgender rights advocates say that organizations like Sex Matters should not hold charity status because their activities harm transgender people and promote exclusion, and that such status should be revoked.
Supporters of trans inclusion have welcomed the ruling as a win for fairness and dignity, noting that public sentiment strongly favors inclusive access to public spaces like Hampstead Heath’s iconic ponds.
For now, transgender and cisgender swimmers alike can continue to access the ponds based on gender identity, reflecting both legal protections and community support for inclusion at one of London’s historic outdoor swimming destinations.
