Single-sex space guidance for organisations to be published after May elections

Single-sex Space Guidance to be Published Following May Elections

Equalities Minister Bridget Phillipson announced that the government plans to release updated guidance on single-sex spaces in the coming weeks, following the completion of local elections in England and national elections in Scotland and Wales on 7 May. The Equality and Human Rights Commission (EHRC) submitted a revised draft of the guidance on Monday, but the timing of the elections has delayed further official statements, according to Phillipson’s written statement to MPs.

The EHRC’s Code of Practice, which outlines how organizations should apply the Equality Act, is being reworked after the Supreme Court’s decision in the For Women Scotland case. This ruling clarified that terms like “sex,” “man,” and “woman” must be interpreted through the lens of biological sex for equality law purposes across England, Scotland, and Wales. A preliminary version of the code was initially shared in September, but it has since incorporated changes based on feedback and legal analysis.

Dr. Mary-Ann Stephenson, chair of the EHRC, noted that the latest revisions were made after reviewing a limited number of government comments, alongside consultation responses and expert legal input. She emphasized that the updates aim to clarify how duty bearers—entities responsible for upholding equality laws—can implement the legislation in everyday situations. The revised code is expected to ensure that all service users receive respectful treatment in accordance with the Equality Act.

Phillipson highlighted the government’s commitment to quickly presenting the guidance to Parliament after the elections. The Commons will reconvene on 13 May for the State Opening of Parliament, before adjourning for a recess starting on 21 May. The minister reiterated support for single-sex spaces determined by biological sex, stating the Supreme Court ruling affirmed that trans individuals are already protected under the Equality Act.

As of now, the BBC has not yet reviewed the finalized updated guidance or the government’s response to the previous draft. A November leak revealed that the initial version proposed allowing service providers to ask trans people about their physical traits or behavior to determine eligibility for single-sex services. Alex Parmar-Yee of Trans+ Solidarity Alliance praised the amendments, calling the earlier draft “unworkable” and advocating for trans-inclusive provisions aligned with international human rights standards and Labour’s pledges to the trans community.

Maya Forstater, CEO of the sex-based rights charity Sex Matters, criticized the prolonged delay in releasing the guidance. She argued that the government’s continued postponement has negatively impacted women, noting it’s been over a year since the Supreme Court’s ruling and seven months since the EHRC first proposed the code. “It’s extraordinary that the government has found another reason to delay the guidance,” she remarked, stressing the need for timely action.

Once approved, the new code will be placed before Parliament for 40 days for scrutiny. If no motion is passed to reject it, the guidance will become statutory, binding organizations under the Equality Act. The process marks the final stage in shaping the policy, with the goal of balancing gender protections and trans inclusivity.