Why has the updated EHRC guidance not been laid before parliament yet and does anyone have insight on when it will be?

[SingleSexSpacesInSchools]

I suspect as Phillipson is in the deputy leader competition. If that had been but a few days later. (updated guidance arrived the same Friday)

That guidance being in place is the thing I and so many places are waiting for. It's urgently needed.

Parliament is in recess for the conferences at the moment so it will be after that
BUT
The ruling took effect on the morning of April 16th

so all the dithering is just going to make the tribunal cases even more clear cut over the coming years

I don't know why it would need to go before parliament, the law has not changed

The EHRC statutory guidance has been updated to remove ideas that were ruled out by the Supreme Court.
It is a courtesy that it goes before Parliament for 40 days.
The ruling is the key part.

Thank you @Talkinpeace I didn't know that

https://www.equalityhumanrights.com/media-centre/equality-law-regulator-submits-updated-code-practice-minister-women-and-equalities

So - absolutely agree with all of you here on this.

However - so very many organisations have refused to do anything, until the new guidance has been laid before parliament and becomes mandatory, which it won't until 40 days after being laid. Until then - they ARE denying the ruling.

Yup and it will turn out very expensive
because they WLL lose any discrimination case brought

The guidance CANNOT contradict the ruling
because that would be illegal

Would be great if you could tell that to my kids secondary school who, and I quote, said:

"the school notes that the EHRC has announced that it is launching its consultation on the revised Code of Practice on Monday 19 May 2025 and it seems apposite that the school should have sight of this before sending a substantive response."

"We consider it entirely reasonable to wait for updates following the current consultation from both the Equality and Human Rights Commission (EHRC) and central Government, before considering whether any policy changes might be required."

https://www.mumsnet.com/talk/womens_rights/5404868-single-sex-changing-spaces-in-a-brighton-secondary-school-new-school-year-new-thread?page=1

I would reply to them with a link to the ruling
and point out that no guidance can contradict the ruling

just keep coming back to the ruling again and again and again

I would go through their guidance and underline each time it fails to meet the legal requirements.

Yes well unfortunately what happened when I did that was:

"As stated in our previous correspondence, having received further legal advice, we have decided that exceptionally a governors’ panel is not the proper forum to deal with a complaint of this nature, which involves complex legal issues. We consider it entirely reasonable to wait for updates following the current consultation from both the Equality and Human Rights Commission (EHRC) and central Government, before considering whether any policy changes might be required."

My stage 2 complaint has been extraordinarily suspended. It has been 9 months now since I started.

This is happening across the whole of the UK - and it will only stop with he EHRC guidance being laid before parliament, made mandatory 40 days later.

This is no joke.

Which bit of "the Supreme Court ruled" do they not understand ?

It may be worth asking which other court rulings they ignore until they fancy ....
Fire regs ?
Chemical safety regs ?
Wheelchair / disability access regs ?

@Talkinpeace

"Which bit of "the Supreme Court ruled" do they not understand ?"

Literally the part that said trans identified people are not the sex they say they are. The whole of Brighton is like this, so is a good part of the country. I need the EHRC stuff concrete, as soon as possible.

Send them a link to Paragraph 266 of the ruling
sex-matters.org/posts/for-women-scotland-v-the-scottish-ministers/fws-v-the-scottish-ministers/#(23)-invalidity-of-the-scottish-government%E2%80%99s-guidance
again and again and again

NOTHING the EHRC say can change that ruling.

having received further legal advice

I would be interested to know who got the advice (school or education authority) and if they will make a copy available

Were there explicitly told by lawyers to wait for guidance? If so did the lawyers mention that the guidance would just follow the Supreme Court ruling? Have the risk assessed the impact of not following the law as laid out in April?

Indeed

I attempted to FOI the legal advice, which they have refused under privilege, even a redacted version of it.

I also have two formal FOI responses stating the school has NOT carried out either an equality impact assessment or a safeguarding assessment for the female population of the school relating to mixed sex changing rooms, which they operate (secondary school)

Yup, legal advice is indeed exempt.
BUT
It would be work asking whether the school or the council got it
and who from ....

Have a quick look through the link to the other chat, I am DEEP in this. Legal advice is not actually exempt, it can and should be redacted but getting the school to cooperate is near impossible.

Point is - I need the EHRC things settled, now, and I am fed up waiting for the 40 day clock to even start its insane.

Point is - I need the EHRC things settled, now, and I am fed up waiting for the 40 day clock to even start its insane.

If they are ignoring the Supreme Court, what makes you think they will actually "obey" the EHRC.

I have read the other thread and am aware of the scale of your battle
BUT
A focus on the ruling by you and utterly ignoring the EHRC might yield results.

There is a way to find out who gave the legal advice (using the transparency data of the council)

Basically because the EHRC is specific, the Supreme Court is general, and they have said, in writing, they will.

I am aware, that just like all the TIMs, the goalposts can change - the consider themselves biological women because... silly reasons, but they say it anyway

But it's one concrete step forward to forcing change

The ruling is INCREDIBLY specific ....
https://sex-matters.org/posts/for-women-scotland-v-the-scottish-ministers/fws-v-the-scottish-ministers/#h-i-separate-and-single-sex-services

Paragraphs 211 to 221 demolish the "wait and see" argument in plain English

The goalposts CANNOT change without primary legislation.

From the EHRC link above:

“We have been clear that service providers, associations and public functions should not wait for the code of practice to be published to make any changes needed to comply with the law. As duty-bearers they must assure themselves of their legal responsibilities in their own specific circumstances and seek independent legal advice where necessary.”

Look, clearly I am on side with this. However there are thousands of schools, hospitals, gyms and more who literally ARE waiting for the guidance to be mandatory. And so - I want to know why TF it has not been laid and when, if ever, it will be. Most orgs are NOT complying yet and will not until this is done.