The UK government faces mounting pressure over delayed guidance on single-sex spaces after leaked documents revealed transgender women could be questioned about their use of facilities based on appearance, behaviour, or concerns raised by others.
Government Insists on 'Getting It Right'
Equalities Minister Bridget Phillipson confirmed she is reviewing the Equality and Human Rights Commission's formal guidance submitted in September, telling reporters: "I have responsibilities to make sure that's done properly and we're taking the time to get this right."
The guidance responds to April's landmark Supreme Court ruling on biological sex and must be approved by Phillipson before being presented to Parliament.
Leaked Details Spark Controversy
According to The Times, which obtained a leaked copy of the document, service providers including hospitals, gyms and leisure centres would be permitted to challenge transgender women's access to single-sex facilities like toilets and changing rooms.
The leaked guidance suggests assessments could be based on physical appearance, behaviour patterns, or complaints from other users.
In a particularly contentious aspect, the guidance reportedly states that transgender people could be barred from single-sex services even when their biological sex matches the facility. For example, a trans man who is biologically female but perceived as male could be prevented from using women's changing rooms.
Political Backlash and Legal Concerns
Whitehall sources told The Times they believe Labour is deliberately delaying publication to avoid potential backlash. This follows last month's letter from dozens of Labour MPs to Business Secretary Peter Kyle warning the new regulations could cause chaos for businesses.
Children's Minister Josh MacAlister denied the government was hoping the issue would disappear, stating: "Three months is very little time in the grand scheme of things."
MacAlister expressed concerns about the practical implications, telling Times Radio: "I just ask people to imagine small corridors where you've got a setup around toilets that's pretty restricted... The guidance, as it's written, has implications for both how physical buildings are set up, but also how staff in those settings would need to determine and judge even whether somebody might look like a woman."
The minister also warned that rushing the guidance could risk further legal action, potentially creating "even greater uncertainty for people."
Wider Context and Reactions
The leak emerges as the Good Law Project's judicial review of the EHRC's interim advice on the Supreme Court judgment awaits conclusion, potentially affecting the legality of the current guidance.
Jude Guaitamacchi, founder of Trans+ Solidarity Alliance, condemned the proposed measures, stating: "These leaks reveal that not only does the EHRC's proposed code of practice seek to require trans exclusion, it instructs service providers to police this based on appearance and gender stereotypes. This is a misogynist's charter, plain and simple."
The new guidance is expected to closely mirror the watchdog's interim advice from April, which effectively prohibited transgender people from using facilities according to their lived gender.
