Sex Matters has sought permission to appeal the High Court’s decision to refuse its application for a judicial review into the ponds’ access policy
Single-sex rights campaign group Sex Matters has applied for permission to appeal the High Court’s Hampstead Heath ponds decision.
Sex Matters had requested a judicial review of the existing access arrangements allowing trans men and women to use the pond of their choice.
The group argued the policy, established by the Heath’s owner the City of London Corporation, is unlawful and leads to sex discrimination under the Equality Act.
The Corporation contested Sex Matters’ claims at a High Court hearing in December and in late January Mrs Justice Lieven issued her decision refusing permission for a review.
Sex Matters has now sought to appeal the court’s decision, with Maya Forstater, Chief Executive, describing the policy as ‘unlawful’.
A City of London Corporation spokesperson said they will “continue to contest this case vigorously and participate fully in the legal process”.
Hampstead Heath, which is managed by the City of London as a registered charity, has three ponds; the Highgate Men’s, the Kenwood Ladies’, and a mixed area.
Currently the Corporation’s policies entitle trans men and women to use the pond of their choice.
In a skeleton argument filed with the High Court ahead of December’s hearing, Sex Matters’ legal team wrote there was clear evidence “that women experience or risk experiencing the presence of men in the space for the ladies’ pond as a violation of their dignity and privacy, as something that makes them feel vulnerable and at risk, and as something that interferes with their comfort and enjoyment”.
The Corporation’s barrister, Daniel Stilitz KC, said Sex Matters’ claim “completely jumps the gun” when it comes to the ponds’ admission arrangements, noting that more than 38,000 responses to a public consultation were in the midst of being reviewed.
In her judgement Mrs Justice Lieven wrote that Sex Matters’ application was ‘premature’ and that it would be ‘wrong’ for the court to “interject itself into the decision-making process” while a review of the policy was being undertaken.
She added it was inappropriate for Sex Matters to have brought the claim, and that instead it should have been progressed by “an individual who says that they have been discriminated against by decisions about access to the Ponds”.
The Corporation has since published the results of the public consultation, with 86 per cent of respondents saying the existing policy should be retained.
In its appeal against the High Court’s decision Sex Matters is contesting the procedural points on which it lost.
It argues the High Court’s finding that it does not have adequate standing is incorrect, and that it is common for charities to bring claims on behalf of those they represent.
In its skeleton argument Sex Matters’ legal team wrote the effect of this decision “is that neither NGOs with specific interest and expertise in the subject-matter of a claim founded on anti-discrimination rights, nor even an individual alleging a breach of such rights, may challenge arrangements of the present sort by way of judicial review”.
The group is also contesting the finding that the case was out of time and premature, as it argues the Corporation amended its policy regarding trans access in July 2025.
Ms Forstater said: “We are taking on the might of the City of London Corporation because we believe its approach is a clear example of an unlawful policy. Kenwood Ladies’ Pond is an iconic battleground for campaigners for women’s sex-based rights.
“A judgment in this case would provide a template for other single-sex services, and show that service providers cannot get away with ignoring the law.”
A City of London Corporation spokesperson said: “We note the appeal made against the High Court decision, which we strongly oppose. We will continue to contest this case vigorously and participate fully in the legal process.
“These continuing legal challenges require significant time and resources, diverting funds away from managing Hampstead Heath as a registered charity and providing high-quality services for the public.
“The results of our recent public consultation showed that a clear majority of respondents – including a high number of regular pond users – supported continuing the current, trans-inclusive arrangements.
“Elected Members of the relevant City Corporation committees will consider these findings alongside legal duties, equality impacts, safeguarding responsibilities, and operational considerations when making a final decision about the future access arrangements of the Bathing Ponds on Hampstead Heath in due course.”
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