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For Women Scotland Launches Court Challenge to Scottish Schools and Prisons Guidance

Scottish ministers have 21 days to respond to the summons; they maintain they will await formal EHRC guidance before altering policies.

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For Women Scotland says it was left with little choice but to take further legal action against the government
Susan Smith, left, and Marion Calder of For Women Scotland won in the Supreme Court after challenging the Scottish government this year

Overview

  • For Women Scotland has filed an ordinary action at the Court of Session seeking to annul Scottish government guidance on transgender access to single-sex school toilets and prison wings.
  • The group is requesting interim suspension of the disputed policies while the court hears the case.
  • Formal papers initiating the action were served on Scottish ministers and the lord advocate, starting the clock on their statutory response period.
  • The contested guidance allows trans pupils to use facilities matching their gender identity and permits transgender women to be housed in the women’s estate under specified safety criteria.
  • The legal standoff has left schools, prisons and other public services uncertain about access rules for single-sex spaces.