EHRC consultation on code of practice

[LesserCelandine]

“This is a consultation on our code of practice for services, public functions and associations. We previously consulted on this code of practice between 2 October 2024 and 3 January 2025.

We are opening another consultation on the code to gather feedback on changes we have made following the UK Supreme Court ruling on 16 April 2025 in For Women Scotland Ltd v The Scottish Ministers (For Women Scotland).”

https://www.equalityhumanrights.com/equality/equality-act-2010/codes-practice/code-practice-services-public-functions-and-associations

Can anyone respond? If so, we all need to.

Yes, you can respond as either an individual, a legal professional or a service provider. I’ve just filled in the survey now

I've just responded. I did make a comment on the one where it says a person's birth cert can be requested to verify sex but what if said person has changed the indicator on their birth cert as I think this can be done can't it?

I have just completed the survey. It’s worth reading the guidance again or having it to hand while you complete it.

I've filled it in as an individual and responded that it is clear. Hopefully enough do to make a difference.

Just boosting this up to remind people to complete

For anyone who hasn’t yet responded, it might be worth waiting until orgs like Sex Matters release their guidance before responding to the consultation, as the more ideas people can consider before deciding how they want to frame their own responses, the better.

Also, you can download the consultation questions as a word doc beforehand, so I’m just making some notes on a copy of that while I put together my response and discuss it and mull over the issues.

Good point!

The key issue here seems to be that they expect receptionists to take individuals into a side room to ask about their biological sex

1. Often the receptionist is the sole person on a desk and cannot leave their post
2. What do they do if the person says they are of that sex and have no proof... a huge onus on the receptionist of eg a women's club

All this ‘proving sex’ is a distraction. If sex needs to be proved that is because people are lying in order to access spaces they are not entitled to. That it might be tricky for a receptionist to ‘prove’ does not mean their is any question over entitlement to a spaces, anymore than it might be impossible for a receptionist to know if an individual is on a sex offenders register and banned from spaces used by children.

But, but, but… how can drunk driving be an offence when someone in another car can’t tell their blood alcohol level?

I completed the survey yesterday. important it's not rasy to find the link to actually complete it. It's on the page of further information about the consultation.

I think that Baroness Faulkner made a really important point on Women's Hour yesterday - we have a society that generally runs on a shared understanding of decency, fairness and the rule of law, and that creates a general attitude of trust. Thus we don't have laws that people have to carry their driving licence and insurance paperwork with them whenever they drive. However, if soneone drives without that licence and insurance existing and they are caught doing so, the law will come down on them like a tonne of bricks. I don't think receptionists are going to be in charge of policing people who want to lie about their sex, but there will need to be some prominent prosecutions before people click that they are now expected to understand the difference between their sex and their gender, and that while their gender declaration must and should be respected, that has no bearing on their sex.

People already understand the difference between sex and gender and know full well they are invading spaces they have no right to. That is why they post photos of themselves doing so.

Perhaps now the police will visit them instead of GC people who tweet.

Yes, exactly - I think it was Helen Joyce on Woman’s Hour the other day who said that there’s nothing to stop someone speeding down a country road at 4am, but this doesn’t mean we shouldn’t have speed limits.

And if you do cause an accident the fact you’re speeding is an aggravating factor. Men will continue to push boundaries. Women will continue to take legal action. Over time for the vast majority the risk outweighs the reward.

we’ll end up back where we were which is that some men will still push boundaries for nefarious reasons, but it will be clear they are breaking the law. We'll still have a long way to go on police and the CPS taking sex based crime seriously enough but at least “I think I’m a woman” won’t be any defence.

I've prepared a response in the downloaded file. I'll review it if FWS or Sex Matters come up with comments or suggestions before I submit.

It seems like a good idea to give feedback on every section and just agree or strongly agree that it is clear, if you don't want to correct anything in that section.

I've seen people say elsewhere on MumsNet that the consultation is only about the examples. That's true in some sections but in other sections they do ask about the text.

Just need to be reminded to submit it by 30th June so I don't forget!