FOIR Alert! One to watch!
Single-Sex Services
29 March 2026
Dear Darlington Borough Council,
On April 16th, 2025, the UK Supreme Court handed down judgment in the matter of For Women Scotland v The Scottish Ministers. That case decided that for the purposes of the Equality Act 2010 the words ‘man’, ‘woman’ and ‘sex’ must be interpreted to mean ‘biological man’, ‘biological woman’ and ‘biological sex’.
Under the Equality Act it is unlawful to discriminate on the grounds of sex unless a specific exemption applies. One of those exemptions permits the provision of single-sex services in appropriate circumstances without fear of a sex-discrimination claim.
The effect of the For Women Scotland case is that it has always been unlawful to include even a single member of the opposite sex in a single-sex facility, even if that person has the benefit of a gender recognition certificate.
Historically, many local authorities were persuaded by lobby organisations and activist groups to adopt unlawful policies that have permitted, in particular, male individuals to be included in designated female-only spaces.
Even if, which I do not accept, it is possible to argue that these councils were ‘mislead’ as to the meaning of the legislation, the proper interpretation has been clear for 12 months. The council as a whole, and its senior officers personally, are jointly under an obligation to ensure that the authority complies with the law and does not facilitate the continuation of policy that is unlawful. Continuing to maintain and implement policies that are, in effect, ultra vires, leaves the authority and its principal officers open to serious legal consequences.
Please, therefore, provide me with the following information and documentation.
- A copy of the Council’s current policies relating to the provision and use, by both staff and members of the public, of single-sex facilities operated by or on behalf of the Council . Please confirm when this policy was first implemented and when it was last formally reviewed.
- Has the Council conducted an equality impact assessment to consider what action is necessary with respect, in particular, to single sex facilities following the For Women Scotland judgment? If so, please provide a copy. If not, please confirm whether such a review has been scheduled and when it is expected to reach a conclusion.
- Alternatively, if a decision has been taken not to conduct such a review, please provide the relevant papers and minutes of any meeting at which this was discussed and/or determined.
- When does the Council expect to have completed any review on the provision of single-sex services?
Yours faithfully,
MartinJ Lugsdin
https://www.whatdotheyknow.com/request/single_sex_services_2