Ann Sinnott of Authentic Equity Alliance vs EHRC Judicial Review of incorrect Equality Act guidance

[R0wantrees]

The presiding judge decided that this should go straight to a 1-day oral Permissions Hearing.

This hearing will decide whether or not AEA can proceed to Judicial Review of EHRC and will also rule on request for a costs cap (to protect AEA) should the case go forward.

AEA about the case,
"Official sources provide unlawful guidance on the 2010 Equality Act!
Yes, you read that right! It's shocking, isn't it?

For nearly 10 years, unlawful guidance on the 2010 Equality Act (EA2010) has been displayed on the website of the Equality and Human Rights Commission (EHRC) and on the Government Equalities Office (GEO) website for 5 years.

Over these ten years, the guidance has been widely accessed and further disseminated by countless organisations of all types. As a result, the unlawful guidance is reflected in the equality policies of organisations and institutions throughout the UK.

EHRC and GEO guidance is in breach of EA2010, Schedule 3, Sections 26, 27 and 28

This is a legal case to ensure that EA2010 guidance accurately reflects the Act.

The Complainant is Authentic Equity Alliance (AEA), a Community Interest Company established to promote and further the interests of women and girls."
Website: aealliance.co.uk/

Ann Sinnott (founder/director) twitter.com/AnnMSinnott

Twitter live tweeting of case via #AEAvEHRC and #IStandWithAnnSinnott

Oh, there goes another work day ...

what time does it start, does anyone know?

It was due to start at 9.30 but there are some technical issues.

I will be watching Twitter with interest as & when I can. Good luck Ann!

Thanks, R0.

Yes, all the very best, Ann!

This is such an important case to secure Judicial Review of the misleading guidance which has informed so many public services' guidance and policies.

Watching here. Go Ann!

I’ve directed people here from the gardening thread so we have everything in one place.

Sex Matters Org
"Today AnnMSinnott of Authentic Equity Alliance has a contested permission hearing in judicial review of EHRC
We should hear both sides' barristers outline the legal issues which would arise in a full hearing, if permission is granted.

Follow this account and #AEAvEHRC"

twitter.com/SexMattersOrg/status/1390224780557750273

@ChazsBrilliantAttitude

I’ve directed people here from the gardening thread so we have everything in one place.

Having gardened in that space, I'm hoping to see a fruitful outcome.

Thanks R0!

And good luck Ann. I will be watching the live stream and hope for the best.

And gardening.

There are a couple of other people saying they will be live tweeting on the hashtag too. #AEAvEHRC

10.30 start.

Good Luck Ann. Thanks for being another brave and inspiring woman

I'm here. Nervous, because this matters so much.

Thanks for the thread, @R0wantrees. And thank you again to Sex Matters for the live tweeting.

Is anyone able to update the thread with what's happening. Can't access twitter from my phone unfortunately.

This waiting bit is always frustrating and nerve-wracking. It was due to start at 10.30.

I'm watching the Sex Matters twitter feed as they are hoping to live stream, but I also find these threads invaluable for explaining things. A lot of the legal discussions are complex so I really value the kind mumsnetters who translate them into clear language

Thanks for pointing me here, Chaz!
Looks like it's only just getting started:
"Mr Justice Henshaw joins us."

Permission to live tweet granted

Live tweeting from the case here
twitter.com/SexMattersOrg/status/1390241916969705479

Issue in case is the lawfulness of the 13.5.7+ of the statutory code: "Gender Reassignment Discrimination & Separate & Single Sex Services."
Sex Matters
@SexMattersOrg
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7m
The claimant AEA says the approach to the law is mis-stated in the guidance. There is a real issue re spaces for vulnerable women which EA 2010 recognises as an extension to prohibition on discrimination.
Sex Matters
@SexMattersOrg
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7m
The risk is that women's rights enshrined in law will be undermined.

Refers to summary grounds for judicial review.
Sex Matters
@SexMattersOrg
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5m
Summary of AEA's case for JR: key issue is importance of proper guidance.

J: I have read the grounds in full.
Sex Matters
@SexMattersOrg
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4m
A refers to Ann Sinnot's statement: "It is apparent from these policies that there is a widespread confusion regarding single-sex spaces capable of undermining women's sex-based rights."
Sex Matters
@SexMattersOrg
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2m
What is a single-sex service? When reading the evidence, AS noticed that as soon as you say 'transwomen are women' sinclge-sex spaces become mixed-sex, and thus unsafe for women with PTSD triggered by males.

One organisation summarised the single-sex exceptions in a box, a neutral description with no exceptionality language. It then commented on the code of practice (statutory guidance from EHRC). The COP must be taken into account in legal proceedings.
Sex Matters
@SexMattersOrg
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1m
Parallel guidance on transgender-identifying males mirrors the guidance on sex.
Sex Matters
@SexMattersOrg
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1m
quote from the Code: If a service provider provides single or separate sex services for women and men, or provides services differently to women and men, they should treat transsexual people according to the gender role in which they present.
Sex Matters
@SexMattersOrg
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19s
We say that this element of guidance ("...gender role") from EHRC is wrong in law. They misunderstand the difference between transexual male with and without a GRC. One without a GRC remains legally male.

The legislation attempts to preserve the single sex exemptions, and that excludes legal males including transwomen without a GRC.
Sex Matters
@SexMattersOrg
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43s
AS's statement deals with the effects of the guidance under 'Why Single-Sex Services Matter to Women.' By admitting transwomen to women-only services, it undermines the purpose of the single-sex exemptions.

Protection of women's dignity, avoiding women feeling disturbed and threatened.

Incorrect EHRC guidance has been relied upon by service providers to open women's spaces to males, departing from the law.
Sex Matters
@SexMattersOrg
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11s
A: our complaint is that because the guidance misunderstands the protection the single-sex exemptions are supposed to provide, making them disappear, that's a complaint about the code itself.

5s
J: if providers have reason not to admit a transwoman, they can rely upon the exemption?

A: but this is to misunderstand the force of the single-sex exemptions for reasons I will set out.