Swim England transgender policy features ‘female’ and ‘open’ categories

Swim England will introduce an ‘open’ category for transgender athletes to compete against born males, and preserve the ‘female’ category exclusively for athletes who were born female.

In a move that goes further in higher-level competition than swimming’s international governing body, Fina – which has excluded transgender athletes from women’s competition if they have gone through male puberty – Swim England will simply have two categories: ‘open’ and ‘female’.

There will no longer be a specific ‘male’ category.

However, the new policy does contain provision for athletes to self-ID in lower level “unlicensed” recreational events even if the timings and scores posted at these events will not be applicable to Swim England rankings.

The campaign group Fair Play For Women said that it gave the policy a nine out of 10 but suggested that only introducing the female and open categories in diving from the level of The Talent Games, rather than all Swim England Competition, had been influenced by Olympic gold medallist Tom Daley. He had said that he was “furious” last year at Fina’s elite ban on transgender divers in women’s competition.

“Only the Talent Games, which drive selection, will be Female and Open [categories],” said a statement by Fair Play For Women. “All the rest will be self-ID. It’s hard to see a rationale for this, other than the influence of high-profile male divers. Tough luck for female divers.”

Transgender athletes will not be permitted to play women’s recreational water polo at senior level due to safety concerns.

Swim England says that its policy “has inclusion and fairness at its very heart” and has argued that it must preserve “inclusive opportunities for transgender participants” to compete.

“However, it is widely recognised that fairness of competition must be protected and Swim England believes the creation of open and female categories is the best way to achieve this,” said a statement.

“The updated policy ensures there are entry-level competitive opportunities for transgender people to participate in the majority of our disciplines within their gender identity.”

The rules, which followed a consultation of more than 2,000 members and stakeholders, will be implemented in September and will apply for swimming, artistic swimming, diving and water polo where times and competition are considered important.

Swim England concluded that testosterone reduction did reduce the advantage for transgender athletes competing against women but that they were still likely to retain an advantage.

“As a result, Swim England believes that the restriction of certain competition to birth-sex females to be justified and proportionate in the pursuit of fair competition,” said the statement.

UK Athletics announced their own new policy on Friday and, while they will also look at creating an ‘open’ category, have so far simply banned transgender athletes from competing in women’s competition if they have gone through male puberty.

Fina, world swimming’s governing body, had banned transgender women from the female category last year after Lia Thomas became the first transgender athlete to win an NCAA national college women’s title. “We understand there’s a nervousness that trans athletes are going to impact cisgender athletes’ opportunities – be that sporting, in terms of progressing through the talent pathway, or commercial. And even what you’re seeing in the US with regard to Lia Thomas,” said Mike Hawkes, Swim England’s head of diversity and inclusion.

“But we believe what we’ve provided is a policy that will allow for grass-roots inclusion up to the highest level possible, at which point competitive integrity then needs to take priority. It’s not the best of both worlds, but it’s certainly the best we believe is possible.

“There will be questions, and there will be blowback, because it is probably the most contentious and emotive topic in sport at the moment.”

Sharron Davies, the Olympic swimming medallist who has long campaigned for a change in the rules, welcomed Swim England’s new policy. “Thank you... for protecting the rights of females to have fair sport,” she said.

“The opportunity for clubs to have unlicensed events also gives choice. ‘Open’ means everyone included and extremely welcome.”