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Trans people may be banned from single-sex spaces based on looks, says leaked docs

The Equality and Human Rights Commission guidance permits public service providers to question trans women’s access to single-sex spaces to protect women’s safety, following a Supreme Court ruling.

  • On September 4 the Equality and Human Rights Commission submitted a final Code of Practice to ministers allowing public-facing services to question and possibly exclude transgender women based on appearance or behaviour.
  • Earlier this year a Supreme Court ruling in April clarified that sex is defined by biology, prompting the Equality and Human Rights Commission to revise its Code of Practice in its first major update since 2011.
  • Noting official records are unreliable, the guidance cautions against demanding documentary proof of sex, removes routine birth certificate and GRC checks, and requires sensitive questioning with secure data storage.
  • Ministers have so far not published the code, despite it being sent almost three months ago, and councils, NHS trusts and businesses await guidance amid accusations of back-tracking last week.
  • The guidance says organisations should try to offer alternatives but not leave service users needing essential services without access to lavatories, while Children's minister Josh MacAlister warns rushing risks court disputes.
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The Times broke the news in United Kingdom on Wednesday, November 19, 2025.
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