New official guidance states single-sex spaces should be based on biological sex

Single-sex spaces open to the public, such as toilets and changing rooms, should be organised based on biological sex, according to official guidance that has come into force.

The code, published by Equality and Human Rights Commission (EHRC), says trans people should use either gender-neutral facilities or the ones that match their biological sex, in places such as gym changing rooms or rape crisis centres.

The guidance was published in June but is now in place in England, Wales and Scotland - despite opposition among some MPs.

It comes 16 months after the UK Supreme Court ruled "sex" in equality law means "biological sex" rather than the gender someone identifies as.

Trans-rights campaigners have called the guidance unworkable, but groups that campaign for sex-based rights welcome the clarity it brings.

The guidance from the EHRC, the equality watchdog for England, Scotland and Wales, provides practical advice for services, public bodies and associations on how they should interpret the 2010 Equality Act.

It applies to organisations as diverse as cafes, leisure centres, public toilets, domestic violence shelters, bowls clubs and many more.

The code says where it is proportionate for facilities, such as public toilets and changing rooms, or services like a rape crisis centre, to be single sex then only those of the same biological sex should use them.

This means, for instance, a trans woman, a person born a biological male who identifies as a woman, should not use women-only facilities. And a trans man should not use men only facilities.

But the code also says it could amount to discrimination against a transgender person if they were forced to use services related to their biological sex. It says gender-neutral spaces are an alternative.

The Equality Act provides protections for people on the grounds of both biological sex and gender reassignment.

Transgender people argue they should be able to use services that align with the way they identify and live their life, rather than their biological sex.

In response, campaigners including some women's and gay rights groups say this undermines sex-based protections, particularly for women.

It is the tension between these two sets of rights that led to both the Supreme Court ruling in April 2025 and the publication of this updated guidance.

It suggests legal action on how the code is put into practice is likely. Both from trans-rights groups who think the guidance itself is wrong and from sex-based rights groups who will want to challenge any organisations who they believe are not following the code.