New guidance released by the Equality and Human Rights Commission (EHRC) has affirmed that single-sex services must be determined based on biological sex, as stated in the updated code published over a year after a significant Supreme Court ruling in April 2025. The revised code covers various scenarios, including sports, where it advises that trans individuals should compete according to their birth sex rather than gender identity, and hospitals have the right to exclude trans patients if the service is single-sex.
An NHS representative mentioned that they will assess the updated code with the intention of issuing draft guidance for the healthcare sector soon. Reactions from advocates on both sides of the discussion have been mixed, with gender-critical campaigners applauding the new guidance as a crucial step, while trans rights activists criticize it, comparing the policies to a chaotic situation similar to “Trump’s America.”
Labour MP Sarah Owen expressed concerns that the ongoing legal challenges surrounding the newly published guidance on single-sex spaces could prolong the uncertainty for trans individuals. She extended support to trans people awaiting clarity on how they can navigate their daily lives in public.
The updated guidance may have repercussions on the transgender community, indicating that exclusion of trans individuals from competing with their biological sex might be justified for fair competition. It could also limit trans people’s participation in sports and suggests considering mixed-sex categories alongside single-sex ones.
Regarding healthcare facilities, the code allows hospitals to offer single-sex wards for women based on their birth sex, accommodating trans patients accordingly. However, the guidance specifies that excluding a trans man from obstetrics and gynaecology services may not be proportionate if the service is not suitable for men or trans women.
The code advises that service providers can request confirmation of an individual’s sex in specific circumstances to address concerns related to accessing single or separate-sex services. It emphasizes the importance of handling such inquiries sensitively and respecting privacy.
Sarah Owen urged the Government to clarify its support for the trans community, emphasizing the importance of dignity and respect for all individuals. She highlighted the necessity for organizations to understand how to be inclusive within legal boundaries and for those seeking to exclude trans individuals to do so while upholding privacy rights.