The Hampstead Heath Consultative Committee is scheduled to discuss future access options for the Hampstead Heath Bathing Ponds. The committee will also consider proposed improvements to the facilities at these popular swimming locations.

Hampstead Heath Bathing Ponds Future Access Options

The committee's report pack outlines a significant discussion regarding the future access arrangements for the Hampstead Heath Bathing Ponds, specifically the Highgate Men's Pond, Kenwood Ladies' Pond, and the Hampstead Mixed Pond. This discussion follows a Supreme Court judgment in For Women Scotland Ltd v The Scottish Ministers¹ which clarified the legal interpretation of man, woman, and sex under the Equality Act 2010².

The report pack details the outcome of a public consultation on six potential options for the Men's Pond and the Ladies' Pond. The most supported option, with 86% of respondents in favour, is Option 2: That the Men's Pond and the Ladies' Pond should continue to be trans-inclusive spaces as currently operated. This would mean the Men's Pond remains accessible to biological men and trans men, and the Ladies' Pond to biological women and trans women. The report pack recommends adopting this option.

Other options considered during the consultation included:

• Option 1: That the ponds become strictly single-sex facilities, accessible only to biological men and biological women respectively. This option received only 13% support.
• Option 3: That the ponds should be trans-inclusive spaces based on how people have decided to live their lives. This option received 43% support.
• Option 4: That the ponds remain trans-inclusive, but communal changing rooms and toilets should not be. This option received 4% support.
• Option 5: A hybrid approach where the ponds are trans-inclusive at stated times but operated as strictly single-sex at other times. This option received 4% support.
• Option 6: That the ponds should be mixed-sex spaces, accessible to everyone regardless of sex or gender. This option received 16% support.

The report pack also includes a draft Access Policy for the Highgate Men's Bathing Pond and Kenwood Ladies' Bathing Pond, which reflects the recommended Option 2. This policy defines access for biological men and trans men to the Men's Pond, and for biological women and trans women to the Ladies' Pond. It also outlines expected conduct, stating that users are required to treat others with respect and consideration and should not challenge other users regarding their sex or gender. Enforcement will focus on unacceptable behaviours rather than perceived characteristics of users' bodies.

Alongside the discussion on access, the committee will consider proposed improvements to the facilities at all three Bathing Ponds. These improvements are intended to address concerns raised by respondents regarding changing, showering, and toilet facilities. The estimated cost for these improvements is between £730,000 and £1.08 million. The report pack indicates that funding sources and a specific funding envelope for these works will be proposed for approval by relevant committees.

The report pack also includes an Equality Impact Assessment³ and summaries of consultation responses and focus group findings, providing detailed analysis of the views gathered.