Single-sex space guidance for organisations to be published after May elections
Single-Sex Space Guidelines to be Released Post-May Elections
Equalities Minister Bridget Phillipson has indicated that the government will release updated guidelines on single-sex spaces in the coming month, following the 7 May elections. The draft guidance, finalized by the Equality and Human Rights Commission (EHRC), was submitted on Monday but will not be finalized until after the electoral process concludes, as parliamentary sessions are paused during this period.
Legal Framework and Amendments
The EHRC’s Code of Practice, which outlines how public institutions and service providers should apply the Equality Act 2010, is undergoing revisions. This change stems from a Supreme Court ruling that clarified the definition of “woman” in the Act should align with biological sex. The initial draft, submitted in September, has been revised based on input from the government, consultation responses, and legal counsel.
“Recent modifications aim to enhance clarity for organizations on how to uphold the Equality Act’s principles in everyday situations,” stated Dr. Mary-Ann Stephenson, EHRC chair. She emphasized the updates would ensure “service users are treated with dignity and respect,” as mandated by the legislation.
Phillipson highlighted the government’s “urgent action” in preparing the guidance for parliamentary review after the May elections. The House of Commons will reconvene following the State Opening of Parliament on 13 May, before a recess from 21 May. The minister reiterated support for single-sex spaces defined by biological sex, affirming that transgender protections are already embedded within the Equality Act.
Reactions and Concerns
A leaked version of the draft, shared with the BBC in November, had proposed allowing trans individuals to be assessed for single-sex services based on appearance or behavior. Alex Parmar-Yee of the Trans+ Solidarity Alliance praised the revisions, calling the earlier draft “unworkable” and advocating for consistent trans-inclusive policies. However, Maya Forstater of Sex Matters criticized the delay, stating, “It’s extraordinary that a year after the Supreme Court decision, the government continues to postpone guidance, harming women’s rights.”
“Forstater argued that the extended timeline has created challenges for women, questioning the government’s commitment to timely implementation of the law.”
Once approved, the new code will be presented to Parliament for 40 days of review. If no motion to reject it is passed by either the Commons or the Lords, it will become statutory. The BBC has not yet reviewed the latest version or received official feedback on the earlier draft, leaving the final wording uncertain until the formal release.