Labour minister Bridget Phillipson has directed left-wing councils to adhere to new guidance on single-sex spaces, emphasizing their legal obligation to comply with the law. The guidance, which came into effect last week, clarifies the use of facilities such as toilets and changing rooms based on biological sex rather than gender identity, following a landmark Supreme Court ruling.
The new code of practice, issued under the Equality Act 2010, stipulates that single-sex spaces should be designated according to a person's birth sex. This directive follows a Supreme Court decision in April 2025, where judges clarified that the terms 'woman' and 'sex' within the Equality Act refer to biological definitions.
Despite the guidance, leaders from six London boroughs – Lambeth, Waltham Forest, Southwark, Hackney, Haringey, and Lewisham – have indicated they may resist its implementation. In an open letter to Phillipson, these leaders and other senior councillors expressed concern that the new rules are "harmful to the rights of trans people" and could lead to their exclusion from public life. They also stated they would not place staff in a position of policing access to public spaces and are reviewing their internal practices to ensure no trans person is excluded.
Phillipson stated that the guidance provides "a clear direction as to what they need to do." She also reassured that existing protections for trans people within the Equality Act remain in place, emphasizing that they should not face prejudice or harassment. "My message would be that the law is clear, and that the guidance has given greater clarity to service providers and others in terms of how they need to discharge their responsibilities," Phillipson told BBC Radio 4's Today programme.
She highlighted the importance of single-sex spaces like women's refuges and rape crisis centers, where individuals who have experienced male violence can find support in a safe environment. The guidance, she noted, clarifies how these can be delivered while also ensuring trans people receive appropriate support and services. "There do remain clear protections within the law under the Equality Act for trans people who should not be on the receiving end of prejudice, intimidation, or harassment because of who they are," she added.
The Equality and Human Rights Commission (EHRC) is identified as the independent regulator responsible for upholding the guidance. An EHRC spokesperson stated that organizations with duties under the Equality Act should be following the law, updating policies as necessary, and seeking legal advice. The commission indicated it will monitor compliance and take enforcement action if proportionate and necessary, based on its established regulatory framework.
Earlier, councillors in Lambeth had backed a proposal to refuse the implementation of the EHRC's amended code of practice. The leader of Islington Council, a Labour-run authority, also criticized the EHRC's new code as "contradictory" and "poorly developed," suggesting it risks fostering a climate of suspicion toward trans people.