Labour equalities minister Bridget Phillipson has directed left-wing councils to adhere to new guidance on single-sex spaces, emphasizing that local authorities must be "compliant with the law." The directive comes after several councils complained that the updated rules, which came into effect last Wednesday, are "harmful to trans people."
The new code of practice, stemming from the Equality Act 2010, clarifies the use of facilities such as toilets and changing rooms. It stipulates that these spaces should be utilized based on a person's birth sex, rather than their gender identity. This clarification follows a Supreme Court ruling in April 2025, where judges determined that the terms 'woman' and 'sex' within the Equality Act refer to biological definitions.
Leaders from six London boroughs—Lambeth, Waltham Forest, Southwark, Hackney, Haringey, and Lewisham—expressed concerns in an open letter to Phillipson. They argued that the guidance, prepared by the Equality and Human Rights Commission (EHRC), would increase the exclusion of trans individuals from public life and stated they would not "put our staff in the impossible position of policing entry to public spaces." These councils, led by Green and Liberal Democrat parties, indicated they were reviewing internal practices to ensure no trans person is excluded.
Previously, Lambeth councillors had supported a motion to refuse the implementation of the EHRC's amended code. The leader of Islington Council, a Labour-run authority, described the EHRC's guidance as "contradictory" and "poorly developed," suggesting it could foster suspicion towards trans individuals. However, Islington stated it was adopting an "evidence-based approach" to remain inclusive.
Phillipson, speaking on BBC Radio 4's Today programme, affirmed that existing protections for trans people under the Equality Act remain in place. She stated that the guidance offers greater clarity for service providers regarding their responsibilities. "The law is clear," Phillipson said, adding that the guidance clarifies how appropriate single-sex spaces, such as women's refuges and rape crisis centers, can be maintained safely for victims of male violence. She also stressed that the guidance ensures trans people are not subjected to prejudice or harassment.
When asked about enforcement, Phillipson identified the EHRC as the independent regulator responsible for upholding the guidance. She reiterated that duty bearers are responsible for ensuring legal compliance, with the EHRC overseeing the upholding of rights.
A spokesperson for the EHRC stated that organizations with duties under the Equality Act should follow the law and update policies as needed. The commission confirmed it monitors compliance and will take enforcement action when proportionate and necessary, considering all alleged instances of non-compliance through its established framework.