New Guidance on Use of Single-Sex Spaces
Single-sex spaces, including changing rooms, toilets, and hospital wards, must be used based on biological sex, according to new guidance issued by the Equalities and Human Rights Commission (EHRC). This guidance has now received ministerial approval.
For example, the code of practice specifies that a trans woman—defined as a biological male who identifies as a woman—should not use female toilets or changing rooms. Instead, transgender individuals should be offered access to a third or gender-neutral space.
The code also emphasizes that denying a trans person access to any services or facilities would likely be disproportionate.
Background and Legal Context
The guidance was published on Thursday following a landmark Supreme Court ruling last year, which determined that the definition of a woman under the Equality Act should be based on biological sex.
The code of practice outlines how associations, businesses, and public services should organize their facilities in compliance with the law.
Ministerial Statements
Women and Equalities Minister Bridget Phillipson stated the objective of the guidance is to ensure individuals can live free from discrimination and harassment.
"Our focus has always been making sure organisations have clear, accessible guidance on how to implement the law," she said.
Facility Recommendations
The guidance recommends that gender-neutral toilets or changing rooms should feature self-contained lockable areas with floor-to-ceiling walls and wash basins for privacy and safety.
It also suggests that if a service currently has two toilets—one for men and one for women—these could be converted into unisex facilities.
The EHRC indicated that these requirements should not be overly burdensome, noting that services might allow transgender individuals to use toilets designated for disabled people as an alternative.
Parliamentary Process and Timeline
With the guidance now submitted to parliament, Members of Parliament and peers have 40 days to raise any concerns. Should no objections arise, the guidance will become statutory.
The guidance was initially sent to the government in September 2025. The EHRC anticipated ministers would spend six weeks reviewing it before requesting revisions or presenting it to parliament.
However, the government stated it would address the issue "thoroughly and carefully."
Comments from EHRC Chair
EHRC chair Dr Mary-Ann Stephenson expressed hope that the public would approach the code with an open mind.
"I think we do need to broaden out the debates, and we need to start from a point of saying, how do we make sure that everyone has access to the services they need, and that will be different things for different people," she said.
