Single-sex space guidance for organisations to be published after May elections

New Single-Sex Space Guidance to Be Released Post-May Elections

Equalities Minister Bridget Phillipson has stated that the government plans to release updated guidance on single-sex spaces following the May 7 elections. The revised draft, submitted by the Equality and Human Rights Commission (EHRC) on Monday, will be published next month. However, due to election rules, the government cannot make further statements on the issue at this time, as per Phillipson’s written response to MPs.

Revised Code Reflects Supreme Court Ruling

The EHRC’s Code of Practice, which guides organizations in applying the Equality Act 2010, is being revised after a Supreme Court decision in April. The ruling clarified that the terms “sex,” “man,” and “woman” in equality law refer to biological sex. A preliminary draft was submitted in September but has since undergone changes based on government feedback and legal consultations.

Dr. Mary-Ann Stephenson, chair of the EHRC, explained that the amendments aim to improve clarity for duty bearers on how the Equality Act applies in everyday scenarios. “These updates will ensure all service users are treated with dignity and respect, in line with the Equality Act,” she added. The government has prioritized the guidance’s release after local elections in England and national elections in Scotland and Wales.

Debates Over Trans-Inclusive Standards

“The only workable solution is to protect the norm of trans-inclusive provision across the country, in line with international human rights standards and Labour’s own promises to the trans community,” said Alex Parmar-Yee of the Trans+ Solidarity Alliance.

Meanwhile, Maya Forstater, CEO of Sex Matters, criticized the delay, stating that the extended timeline has harmed women’s rights. “It’s extraordinary that a year after the Supreme Court judgment, and seven months after the regulator submitted its initial Code of Practice, the government has found another excuse for postponing the guidance,” she remarked.

The new code will undergo a 40-day parliamentary review after receiving government approval. During this period, MPs or the House of Lords may pass a motion to reject it, preventing it from becoming statutory. BBC News has not yet reviewed the final version or the government’s comments on the earlier draft. A leaked November version suggested trans individuals could be asked about their eligibility for single-sex services based on physical traits or behavior.