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NHS Withdraws Trans-Inclusive Guidance and EHRC Restricts Access to Women’s Facilities

An interim EHRC consultation is setting new limits on trans women’s use of female-only spaces, prompting the Confederation to pull its advice ahead of an updated Code of Practice.

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Overview

  • The NHS Confederation withdrew its trans-inclusive guidance after the Supreme Court affirmed that ‘woman’ and ‘sex’ in the Equality Act refer to biological categories, and it will republish advice once the EHRC updates its statutory code and NHS England issues instructions.
  • The EHRC issued interim guidance barring trans women from women’s facilities in workplaces and public services, guidance now subject to legal challenges from groups such as Good Law Project.
  • The High Court rejected Liberty’s bid to extend the six-week consultation on the EHRC’s draft Code of Practice, leaving the current feedback period unchanged before binding guidance is finalised.
  • Public bodies including the Football Association have already revised their policies, banning trans women from women’s sports, while charities like Girl Guides and Refuge have pledged to maintain trans-inclusive access.
  • EHRC commissioner Akua Reindorf said trans people were ‘lied to’ about their rights and described the current phase as a necessary correction as organisations realign with the court’s interpretation.