Long-delayed guidance on single-sex spaces set for publication in May
The update comes just two days before the one-year anniversary of the Supreme Court ruling on the definition of a woman
Long-awaited guidance on single-sex spaces is likely to be published next month, a minister has said as Britain’s equalities watchdog confirmed it had “made adjustments” to the draft code after feedback from the Government.
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The updated code of practice – aimed at guiding businesses and other organisations on provision of single and separate-sex services such as toilets and changing rooms – will face parliamentary scrutiny before coming into force.
A draft code was handed to ministers by the Equality and Human Rights Commission (EHRC) last September.
While that version was described by the commission as being “legally sound”, the Government gave “feedback” and it has been confirmed some changes have been made to the earlier draft version.
The commission did not detail what the changes were.
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LGBTQ+ organisation Stonewall said it was “pleased to see the Government and EHRC working constructively to ensure the code is legally accurate and supports service providers to treat everyone with equal dignity and respect”.
But Maya Forstater, chief executive of gender critical campaign group Sex Matters, accused the Government of having “found another excuse for delaying the guidance” amid what she called “negotiations and horse-trading” on the code’s content.
The code of practice for services, public functions and associations covers nine protected characteristics including age, disability, race and religion or belief.
It is understood some of the adjustments made are related to single-sex spaces and the protected characteristic of gender reassignment.
Women and equalities minister Bridget Phillipson said the Government was handed the updated draft on Monday, and will aim to lay it in Parliament in May.
In a written statement published on Tuesday, she said: “The code will apply across Great Britain and as we are currently in the pre-election period for the devolved administrations, we are unable to make further announcements on this matter at this time.
"However, we are taking urgent action to meet our intention of laying the code in May and as soon as practicable after the election period, for parliamentary scrutiny.”
Amid concerns in some quarters at the now eight-month wait for Government to publish the guidance, Ms Phillipson said: “We are getting it right, showing leadership by implementing the clarity the Supreme Court ruling delivers.”
She said the Supreme Court ruling “brought clarity for women and service providers such as hospitals and refuges, and made clear that protections for trans people remain in the Equality Act”.
After ministerial approval, the code of practice would be put before Parliament for scrutiny from both MPs in the Commons and Peers in the Lords and would not be enacted until 40 days after being laid in Parliament.
A leaked draft of the guidance was reported in November as suggesting transgender people could be banned from single-sex spaces based on the way they look – prompting trans rights campaigners to call it “a licence to discriminate based on looks, plain and simple”.
But EHRC chairwoman Mary-Ann Stephenson said in December that she did not accept such a characterisation, indicating the guidance would give advice on ensuring “there are services provided for people who can’t or don’t want to use the services for their biological sex”.
She has also previously said no-one is expecting there to be “toilet police”, and suggested organisations with self-contained male and female toilets could make them unisex.
On Tuesday, the commission confirmed it had made some changes to its proposals “where they help the code provide legally accurate, practical guidance that is useful to duty bearers”.
The update comes just two days before the one-year anniversary of the Supreme Court ruling on the definition of a woman.
On April 16 2025, the UK’s highest court confirmed the terms woman and sex in the 2010 Equality Act “refer to a biological woman and biological sex”.
The ruling was hailed a victory confirming “women are women and men are men”, but some described it as “incredibly worrying for the trans community” amid fears about access to certain facilities including toilets.
In a statement this week, Ms Stephenson said: “Progress is being made towards accurate and up-to-date guidance on the Equality Act 2010 being available to service providers, associations and those exercising public functions.
“The UK Government recently provided us with a narrow set of comments on the draft code of practice we submitted in September.
“Having considered this feedback alongside consultation responses and further legal analysis, we have made adjustments where they help the code provide legally accurate, practical guidance that is useful to duty bearers.
“These aim to strengthen duty bearers’ understanding of the law and how it applies across a range of the scenarios they encounter day-to-day, so that all service users are treated with dignity and respect, in line with the Equality Act.
“Our amended draft services code of practice has now been sent for the Secretary of State to approve in advance of it being laid in Parliament.”
Ms Phillipson is expected to meet For Women Scotland (FWS), who won the landmark Supreme Court ruling a year ago, in London on Wednesday.
The group said the guidance will be “an assistance to small and medium enterprises and services that don’t have their in-house lawyer team”.
FWS director Marion Calder said ahead of the meeting: “We go in with positive expectations and possibly can allay some fears.”