Government publishes single-sex spaces guidance - as MP criticises 'damaging' year-long wait

The government has published its long-awaited guidance on how the Equality Act should be implemented in relation to single-sex spaces.

In April last year, the Supreme Court ruled the definition of "woman" and "sex" in the 2010 Act refers to "a biological woman and biological sex".

The government says the new, draft code provides guidance to make the law clearer for service providers and others, "protecting people's rights across England, Scotland, and Wales".

It sets out when ⁠organisations can lawfully exclude transgender people ‌from women-only and men-only spaces - including toilets, changing ‌rooms, hospital wards, refuges and sports.

Women and Equalities Minister Bridget Phillipson said the ruling had "made it clear that sex means biological sex" under the Equality Act, "and that trans people are still protected by the Act".

Rosie Duffield, who became an independent MP for Canterbury when she quit Labour amid a row over trans rights in September 2024, has welcomed the guidance - while arguing the year-long wait has been "damaging" for organisations and individuals.

Single-sex spaces could include settings such as gyms, swimming pools, changing rooms, toilets, hospital wards or domestic abuse refuges.

Speaking to Sky News, Ms Duffield said the guidance will make it "easier going forward", but criticised the year-long wait.

"I think it has been damaging to organisations, schools, government departments and people who've just been waiting," she said.

"But also to people on either side of the fence here, women's rights organisations and trans rights groups.

"Because no one's had that clarity written down, although we all knew what the law said."

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It is the first time since 2011 that the code - which covers services, public functions and associations for nine protected characteristics including age, sex, race and gender reassignment - has been updated in full.

The 340-page document will face parliamentary scrutiny before being implemented.

(c) Sky News 2026: Government publishes single-sex spaces guidance - as MP criticises 'damaging' year-long wait