EHRC Code of Practice on Services, Public Functions and Associations has been laid - here is the Code itself

[SingleSexSpacesInSchools]

Written Statement made by: Secretary of State for Education and Minister for
Women and Equalities (Bridget Phillipson) on 21 May 2026:

https://commonsbusiness.parliament.uk/Document/105423/Pdf?subType=Standard

I have approved the draft Code submitted on 4 September 2025 and as updated by the EHRC in April 2026 following engagement with government and their consideration of consultation responses and further legal analysis.
The current Code was produced in 2011 and there have been significant developments since then, including the Supreme Court ruling in For Women Scotland, resulting in the EHRC wanting to update the Code.
Following last year’s Supreme Court ruling, the draft Code’s content on sex and gender reassignment has changed substantially from the 2011 version. The ruling made it clear that sex means biological sex for the purposes of the Equality Act 2010 and that trans people are still protected by the Act under the protected characteristic of ‘gender reassignment’.

The Code of Practice on Services, Public Functions and Associations itself:

https://www.gov.uk/government/publications/equality-act-2010-draft-code-of-practice-for-services-public-functions-and-associations-2026

I think the key takeaway on that is that there is no longer any doubt single sex spaces are absolutely legal and that’s the most important thing to get out to everybody, to members of the public, to service providers everywhere and ignore the tricky edge cases for now

Well, according to some posters on MN, yes this happens!

That is when their credibility is completely shot to pieces, never to be recovered.

Why this new trans guidance is bad news for disabled people like me

I am braced for the inevitable. Wheelchair users like me are caught in what I call a no-them’s-land – and experience tells me that, more often than not, disabled people, with our spacious accessible loos, will simply be made to share.

Hey, presto! A ready-made solution at zero cost! Disabled toilets are already there, trans people can just use them! You don’t mind, do you?

Well, I do, actually. Is it right that hard-won provisions for disabled people can be so blithely co-opted into a nebulous “third space” for those who can’t/won’t use either the Gents or the Ladies? To put it more forcefully, why should my conveniences be inconvenienced?

There aren’t enough disabled loos as it is. I often find that they’re of poor quality, poorly maintained, and sometimes made completely unusable by people who aren’t disabled waltzing in and making a disgusting mess involving discarded toilet paper and… worse.

https://www.independent.co.uk/voices/disabled-toilets-single-sex-bridget-philipson-trans-b2981866.html
and https://archive.is/f011P

Sex is not special category data

https://sex-matters.org/posts/updates/sex-is-not-special-category-data/

Proof of the attitude to compliance https://www.reddit.com/r/transgenderUK/comments/1tkqe0m/what_does_the_new_ehrc_mean_for_the_community/

I think the need for unisex toilets as well as single sex blocks can be harnessed to better disable facilities in new builds/redevelopments. Architects love symmetry so one unisex and one disabled is balanced. But also it was mentioned on R4 the 8 million disabled people whose access needs aren‘t being met are not bleating like the tiny number of TRAs (too busy fighting for basic things.
I will be using this fact to counteract all the complaints as I have often done in this debate. The shitshow of help and provision for disabled people shows up how those who shout loudest are far from the most in need

Well let's be honest about this, it's not the ones where 'nobody can tell' that are the issue.

Its the ones who are very, very obviously men, who make it exceptionally clear that they are men, while behaving obnoxiously towards women, who are the issue.

And those are the ones who frequently claim to believe they 'pass', and who also are shouting loudest about 'nobody can tell' because they are the group who really want this access. The no is cockblocking.

If there are any 'nobody can tell' ones, it's like the fraudulent but lovely and totally transitioned accountant, that myth says is glimpsed occasionally frolicking in the highland mist. He's the reason why obvious, grotty, obnoxious male sex offenders should be enabled to harass and assault women in women's prisons - because saying no to them might, possibly mean that pooooooor accountant ends up in a male prison and no one would want that would they???

He doesn't exist. He's nothing but an emotionally manipulative halligan bar. We've been repeatedly told anyway that the sweet shy gentle no one can tell ones just want to pee, and they'll be absolutely fine in the gender neutral, won't they?

No man is going to suffer from being refused access to non consenting women in a state of undress. He isn't. He seriously isn't. And even if he was, he still wouldn't be more important than those women. I often wonder how the fuck these people view the ending of marital rape. "Yes your honour. I know she said no, but I said YES and I did it any way because MY RIGHTS and I was SAD and she was LITERALLY GENOCIDING ME WITH HER NO. And she only said no anyway because she's a stupid bad person who should never be listened to.'

Those men who think they pass don't. Even Willoughby thinks he passes but it's obvious from his photos and videos that he's male.

I’m lucky. I could simply go ‘stealth’ again. Change my hair colour. Even my name. Move to a fresh town. Slip seamless into life as a woman who IS protected.

As if changing your hair colour changes your sex. They are kidding themselves but sometimes I think they really do believe it which is why they get so furious when we can totally tell their sex just by looking at them. Maybe all men do is look at hair and tits, so they don't see what we see... but that's just being generous.

SM on the case! So trans-friendly bits have been added in by Bridget/her chums at the OEO? What a bunch of shysters they are! 😡

I was sure it wasn't! Didn't look right to me.

No wonder Bridget dumped it and ran!

@MarieDeGournay
Marie, have you seen this yet?

I suppose also as our population ages, as it does in many countries, the proportion of wheelchair users is also likely to increase in the future?

I was just coming to post about this update from Sex Matters as I wanted to ask:

Does this mean in fact that the EHRC were not consultated on this and the OEO just added it.

If they did that just illustrates how under hand they are being.

I suspect they did, and this is just an alternative route to get trans people somehow defined as a sex so that in terms of the EA they have this additional protection, and not bother with the GRA process.

The back door to self identification.

And again the explanation as to why it is needed is because it just isn't fair on trans people to have to reveal their birth sex.

Whereas of course, they create the problem by not being honest and observing the law which says sex is biological.

They just aren't going to give in are they.

Its all about them.

Never about the fact that the court ruling was about how trans intrusion was discriminatory towards women trying to preserve their sx based rights.

They just aren't going to give in, are they?

(Have to admire the work that SM have done on this in a short period fo time. 2 fairly length but informative press releases in 2 days.)

(Have to admire the work that SM have done on this in a short period fo time. 2 fairly length but informative press releases in 2 days.)

And this. Always impressive and clear.

Aren't they?

Remarkable women.

Rachel Johnson LBC with guest Sharron Davies now

Does this mean in fact that the EHRC were not consultated on this and the OEO just added it. If they did that just illustrates how under hand they are being.

Meddling. The EHRC are supposed to be independent. Arrogance and lack of honesty off the scale for this incarnation of Labour.

And again the explanation as to why it is needed is because it just isn't fair on trans people to have to reveal their birth sex.

How can anyone argue that without having to equally acknowledge it's not fair on everyone else to have to lose single sex provision because they don't wanna say? This isn't a senior special class of human with extra privileges, the whole point of equality is.... actual equality.

It ought to be that a person is absolutely within their rights to not disclose or evidence their birth sex for any reason. But that means they cannot access a single sex provision, they need to use the gender neutral where it doesn't matter to anyone involved what sex they may or may not be. And under the guidance those spaces are going to become universal.

The whole 'you can't say to an obvious bloke in a single sex space that he's a bloke because rude and harassing' is absolutely bloody ridiculous and obviously won't survive case law. He's harassing the woman while she's had her hands tied and her mouth gagged from being able to resist his abuse of her. And any man entering a women's single sex space is abusing them.

Women’s Aid statement on the laying of the EHRC Code of Practice on the Equality Act

I wont editorialise by posting extracts. Can be read in full at https://womensaid.org.uk/womens-aid-statement-on-the-laying-of-the-ehrc-code-of-practice-on-the-equality-act/

This is WAFE ie Women's Aid Federation England

I'd be interested to know @sistersheal 's opinion on this, since as far as I understand it, you allow masculine, male passing trans-identified women to attend your women's rape crisis service. Do you think you will continue with this position in light of the ability to exclude them?

Sensible statement. And yes absolutely. Proper funding and accessible provision for all.

Agreed. I did note the emphasis on funding, as it should be. Charities and other support organizations used to focus on money, money, and money. I used to do voluntary work for various charities, in various roles, and all they wanted to talk to me about was how I could increase their funding. Who can we tap? Who do we sit next to at this dinner, so we can hit them up for cash?

No rainbow, omnicause, touchy feely feelz crap. Just money. So I'm glad to see the emphasis. I hope more of them will turn that way. The more money a charity has, the more it can help everyone, including trans people if they need it.

But isn't it also true to say that the more money a charity has, the more it can build its empire, employ more staff, etc etc? Surely there's plenty of current examples.

I think given very recent information published about how women's refuges are closing, the number of women waiting for a refuge bed space, that this isn't about empire building. This is just trying to survive.

Every year women's aid refugees are closing for no other reason than lack of funding, and / or funders thinking a refuge for women isn't important.

Nothing to do with trans, just good old fashioned men's rights in action in positions or power / source of money.

Not just due to natural aging either. As people who have been on puberty blockers and/or cross-sex hormones and who have had "gender affirming surgery" age, they are disproportionately likely to have mobility problems, eg. due to osteoporosis and/or cardiac issues, and medical complications, eg. urinary incontinence.

As for the present, according to Disability Rights UK, "Around half of Trans people are also Disabled." (no reference cited but there is research support for this claim).

Disability Rights UK opposes the UK Supreme Court ruling on ‘biological sex’
17 April 2025
https://www.disabilityrightsuk.org/news/disability-rights-uk-opposes-uk-supreme-court-ruling-%E2%80%98biological-sex%E2%80%99

If that is true then up to 50% might already be using Accessible Toilets because of a disability, ie. rather than because they are trans. In which case the additional pressure on those facilities will not be as severe as it would be if all or most people with the POC of GR were able bodied.

Also, according to a "Disabled Trans member of DR UK staff":

"Trans people are developing debilitating conditions and bladder problems from being unable to use public bathrooms for fear of harassment."

Trans and Disability Justice: How Are Our Struggles Linked?
17 April 2025
https://www.disabilityrightsuk.org/news/trans-and-disability-justice-how-are-our-struggles-linked

Presumably the author would therefore welcome the fact that the Code of Practice includes a suggested scenario at 13.124 where a service provider pushed for space and funding "extends the use of the accessible toilet with baby changing facility so it can also be used as a mixed-sex toilet for anybody who does not wish to use the toilet for their sex.", ie. because this would alleviate fear of harassment?

Disability Rights UK has not yet published a response to the Code of Practice so we will have to wait and see. However, as DR UK "opposed" the Supreme Court Ruling I doubt that they are going to be over the moon with the Code of Practice.

ps. Estimates of proportion of "trans people" (adults) who have a disability or long-term medical condition - courtesy of Grok.

Around 40-50% of trans people in the UK report disability or long-term conditions, higher than general population rates (~20-25%).

Evidence summary:

• Scottish data: 43.6% of trans individuals report disability.
• UK GP Patient Survey (2021): Trans/non-binary adults show elevated long-term conditions (e.g., mental health, learning disabilities, autism) vs. general population.
• Other UK surveys: Self-reported disability in trans groups often 33-45%+.

Disability Rights UK claim aligns with US data (~52% for trans) and UK patterns, but exact UK-wide figure lacks comprehensive census cross-tab (ONS has gender identity by disability datasets, limited published overlap).

References:

• https://www.gov.scot/publications/evidence-review-inequalities-challenges-experienced-disabled-people-scotland/ (43.6%)
• https://www.cam.ac.uk/research/news/gp-survey-reveals-health-and-healthcare-inequalities-of-trans-and-non-binary-adults
• https://transactual.org.uk/blog/2023/10/19/disabled-trans-and-accessing-welsh-healthcare/ (US 52% reference)
• ONS Census datasets: www.ons.gov.uk/datasets/RM036

Uncertainties: Self-reported data; definitions of disability vary; trans population small (~0.5%); potential selection biases in surveys. No single definitive UK statistic.