Single-sex space guidance for organisations to be published after May elections
Government to Release Single-Sex Spaces Guidance Post-May Elections
Equalities Minister Bridget Phillipson announced that the government plans to issue updated guidance on single-sex spaces in the coming weeks, following the 7 May elections. The revised draft from the Equality and Human Rights Commission (EHRC) was submitted on Monday, but election protocols have delayed further official statements, according to Phillipson’s written response to MPs.
The EHRC’s Code of Practice, which outlines how organizations should implement equalities law, is undergoing revision due to a Supreme Court decision last April. This ruling clarified that the Equality Act’s definition of a woman should be tied to biological sex, prompting a reassessment of the guidance. An initial draft was approved in September but has since been adjusted based on government input, consultation responses, and legal advice.
Dr. Mary-Ann Stephenson, EHRC chair, noted the changes reflect a narrow set of comments from the government. She emphasized the amendments aim to improve clarity for those responsible for enforcing equality laws, ensuring service users are treated with dignity and respect. Phillipson stated the government is taking swift steps to present the guidance to Parliament after the local and national elections, which occur on 7 May.
The Commons will reconvene only after the State Opening of Parliament on 13 May, followed by a recess starting 21 May. Phillipson reiterated support for single-sex spaces based on biological sex, stating the Supreme Court’s decision confirmed protections for transgender individuals are covered under the Equality Act. The EHRC’s updated Code of Practice guides public bodies and service providers in interpreting the Equality Act 2010.
Delays and Reactions
Despite the submission of the draft in September, the government has not yet finalized the guidance. BBC News has not reviewed the latest version or received official feedback on the previous draft. A leaked November draft suggested trans individuals could be asked about their physical appearance or behavior to determine access to single-sex services.
“The earlier leaked version was unworkable,” said Alex Parmar-Yee of the Trans+ Solidarity Alliance. “The only viable solution is to uphold trans-inclusive provisions nationwide, aligning with international human rights standards and Labour’s commitments to the trans community.”
“It’s astonishing that a year after the Supreme Court ruling and seven months after the EHRC first submitted its Code of Practice, the government continues to delay publication,” remarked Maya Forstater, CEO of the sex-based rights charity Sex Matters. “This delay is harming women’s rights.”
Once approved, the new code will be presented to Parliament for 40 days. It will become statutory unless MPs or the House of Lords pass a motion to reject it.
