New guidance on the use of single-sex spaces in public settings came into effect this week following a Supreme Court ruling from April 2025, which clarified that access to such spaces must be determined by biological sex rather than gender identity. The Equality and Human Rights Commission (EHRC) updated its code of practice to align with the ruling, reinforcing that single-sex toilets, changing rooms, hospital wards, and refuges are to be designated based on sex assigned at birth.

The updated code covers England, Scotland, and Wales and is intended to assist public service providers—including leisure centres, hospitals, and cafés—in complying with the existing Equality Act 2010. While the EHRC emphasized that the guidance does not constitute new legislation, it is expected to be referenced in legal disputes concerning access to single-sex facilities.

Campaigners on both sides have voiced strong opinions about the ruling and the new guidance. Advocates for maintaining access to spaces based on biological sex praised the court decision as a necessary affirmation of women’s rights. Some criticized public-sector organizations for delaying compliance, accusing them of using “waiting for guidance” as a pretext to avoid restricting access by trans-identified individuals to women’s services and facilities. Helen Joyce, advocacy director at the charity Sex Matters, described the ongoing resistance within publicly funded bodies as “a disgrace” and urged immediate adherence to the law.

Conversely, advocates for transgender rights have expressed concern over the implications of the ruling and updated guidance, warning that limiting access based on sex assigned at birth could negatively affect trans people’s ability to safely use public facilities. The updated code does encourage service providers to offer gender-neutral or third-party spaces as alternatives, though the feasibility and accessibility of such arrangements remain points of discussion.

Implementation of the guidance is expected to involve significant logistical changes. Estimates suggest that nearly 13,000 toilets and more than 5,000 changing rooms across Britain may require alterations, with costs potentially running into millions of pounds. Additionally, approximately 18,000 signs might need updating to reflect the new requirements. Equalities Minister Bridget Phillipson acknowledged before Parliament that the issue remains highly contested and anticipated ongoing public debate, scrutiny, and legal challenges.

The government reiterated its position that the Equality Act 2010 remains the governing law and welcomed the clarification provided by the EHRC’s code, aiming for clear and consistent application across public services. Meanwhile, some Tory politicians have criticized the government for perceived inaction in enforcing compliance among public bodies, expressing concern about the safety and rights of women and children in single-sex spaces.

As the new rules take effect, public sector organizations now face the challenge of balancing legal obligations with practical considerations and differing perspectives on gender identity and sex in the provision of services.