Single-sex space guidance for organisations to be published after May elections
Single-sex Space Guidance for Organisations to Be Published After May Elections
Equalities Minister Bridget Phillipson announced that the government plans to release updated guidance on single-sex spaces following the May 7 elections, next month. The Equality and Human Rights Commission (EHRC) had submitted a revised draft of the guidance on Monday, but election rules have delayed any further official statements from the government, as outlined in Phillipson’s written address to MPs.
Revised Code of Practice Amid Legal Shift
The EHRC is updating its Code of Practice, which guides organizations on implementing equalities law, in response to the Supreme Court’s April ruling in the For Women Scotland case. This decision redefined “woman” under the Equality Act according to biological sex, prompting the revision of the existing framework. An initial version was submitted in September, but further amendments have since been incorporated.
Dr. Mary-Ann Stephenson, chair of the EHRC, explained that the latest changes followed a limited number of government comments, in addition to consultation responses and legal input. She highlighted that these updates aim to improve duty bearers’ grasp of the law and its application in daily scenarios. Stephenson also stressed the guidance would ensure all service users are treated with dignity and respect, aligning with the Equality Act’s principles.
Phillipson emphasized that the government is taking “urgent action” to present the guidance to Parliament after the May 7 elections. The House of Commons will not reconvene until the State Opening of Parliament on May 13, with a recess following on May 21. The minister reaffirmed support for single-sex spaces defined by biological sex, noting the Supreme Court’s ruling clarified that trans individuals’ protections are included within the Equality Act.
Feedback and Reactions to Draft Guidance
“The only workable solution is to protect the norm of trans-inclusive provision across the country, in line with international human rights standards and Labour’s own promises to the trans community,” said Alex Parmar-Yee of the Trans+ Solidarity Alliance.
“It’s extraordinary that a year after the Supreme Court judgement, and seven months after the independent regulator first submitted its Code of Practice, the government has found another excuse for delaying the guidance,” remarked Maya Forstater, CEO of Sex Matters.
Despite the revisions, BBC News has not yet accessed the latest updated guidance or the government’s feedback on the initial draft. A leaked version seen in November proposed that trans people could be assessed for single-sex services based on physical appearance or behavior. Parmar-Yee welcomed the amendments, suggesting the earlier version was impractical. Forstater, however, argued the delay was harming women’s rights.
Once the government approves the new code, it will be laid before Parliament for 40 days. If no motion is passed to reject it, the guidance will become statutory, binding on all relevant organizations. The process underscores the ongoing debate over how biological sex should shape access to single-sex spaces under equality law.