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UK Government and EHRC Advance Single-Sex Space Policies Following Supreme Court Ruling

Interim guidance clarifies facility access based on biological sex, with NHS-specific rules and a full code of practice expected by summer.

The Supreme Court ruled that the Equality Act 2010 referred to biological sex — meaning that transwomen should not use women’s single-sex facilities
Gender

Overview

  • The EHRC's interim guidance mandates that trans individuals use facilities aligned with their biological sex, while ensuring alternative provisions to accommodate all users.
  • Schools are required to maintain single-sex toilets for pupils aged eight and older, and single-sex changing rooms for those aged 11 and above, with alternative arrangements for trans students.
  • Health Secretary Wes Streeting announced that NHS-specific single-sex space guidelines will be issued before the summer to align with the Supreme Court ruling.
  • Pat McFadden confirmed there will be no enforcement officers for facility use, but organisations are expected to comply with the guidance.
  • The Scottish Government expressed intent to collaborate with the EHRC to ensure consistent implementation of the guidance across devolved regions.