Guidelines for public bodies 'expected by summer' after court rules on 'woman' definition

Britain's equalities watchdog said Wednesday's gender ruling means trans women can not use single-sex changing rooms, toilets or compete in women's sports, as ITV News' Rachel Younger reports

The equalities watchdog is looking to update its guidance for service providers and public bodies by "this summer" after the Supreme Court ruled that a woman is defined in law by "biological sex".

The ruling on Wednesday said that the terms "woman" and "sex" in the 2010 Equality Act “refer to a biological woman and biological sex”, meaning transgender women with a gender recognition certificate (GRC) can be excluded from single-sex spaces if “proportionate”, the Supreme Court said.

In light of the ruling, organisations have already begun reviewing policy, with British Transport Police (BTP) announcing on Thursday it will adopt an "interim position" on its strip search policy.

It said trans people held in custody strip searched by an officer in line with their birth sex - meaning trans women in custody will be searched by male officers, while officers who are trans women will no longer be able to search female detainees.

The public confirmation of a policy change came as Equality and Human Rights Commission (EHRC) chairwoman Baroness Kishwer Falkner said the ruling provided clarity to organisations and they should be “taking care” to look at the “very readable judgment”.

“Single-sex services like changing rooms must be based on biological sex," she told BBC Radio 4's Today Programme.

“If a male person is allowed to use a women-only service or facility, it isn’t any longer single-sex, then it becomes a mixed-sex space.

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“But I have to say, there’s no law that forces organisations, service providers, to provide a single-sex space, and there is no law against them providing a third space, an additional space, such as unisex toilets for example, or changing rooms.”

She suggested trans rights organisations “should be using their powers of advocacy to ask for those third spaces”.

The decision by the Supreme Court was hailed by women's rights campaigners, but trans communities are "devastated" by the ruling.

Helen Belcher, the chair of TransActual, said: "The Supreme Court chose not to hear from any trans people, preferring instead to listen to exclusionary groups.

"As a result, instead of bringing clarity, the Supreme Court has made a ruling which appears to contain a number of contradictions. Irrespective of the small print, the intent seems clear: to exclude trans people wholesale from participating in UK society. Today, we are feeling very excluded."

Baroness Falkner said while the ruling is a “victory for common sense”, this is only the case “if you recognise that trans people exist”.

She added: “They have rights, and their rights must be respected – then it becomes a victory for common sense.”

She added: “It’s not a victory for an increase in unpleasant actions against trans people. We will not tolerate that

“We stand here to defend trans people as much as we do anyone else. So I want to make that very clear.”

Regarding single-sex hospital wards, Baroness Falkner said the NHS will “have to change” its 2019 policy, which says that trans people “should be accommodated according to their presentation”.

Officials said they were already updating the guidance, but the judgment will be considered as they move forward.

As Britain’s independent equality regulator, the EHRC assisted the court in assessing the legal and practical implications of Wednesday's case.

Their revised code of practice, which is subject to ministerial approval, is expected to be laid before Parliament "before the summer recess".

"We will be working at pace to incorporate the implications of this judgment into the updated Code, which supports service providers, public bodies and associations to understand their duties under the Equality Act and put them into practice," it said in a statement.

Baroness Falkner said the commission evaluates when the law is not followed by organisations and can speak to those bodies, or “use enforcement, compliance tools or whatever, we will be continuing to do that”.

Secondary Care Secretary, Karin Smyth, said providers have a responsibility to ensure they comply with the law.

She told reporters: "The Equality Act is the same today as it was yesterday. This government has always been committed to single sex places for women.

"We are completely committed to single-sex spaces... What the Supreme Court ruling has done is made sure that all bodies are compliant with that. The NHS had already started looking at how they make sure that they treat, with dignity and respect and privacy, people who identify as transgender men or transgender women."

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