EHRC Publishes New Code of Practice on Single-Sex Services, Prompting Trans Criticism and Women’s Group Approval

On 23 April 2024 the Equality and Human Rights Commission (EHRC) released a 342-page Code of Practice outlining how public-facing organisations may lawfully restrict services by biological sex. The UK Government confirmed the guidance, which covers gyms, leisure centres, hospitals, shops, theatres, cinemas and government departments.

Maggie Chapman rages that men are banned from using female bathrooms and changing rooms in new guidance

The code follows a 2023 Supreme Court ruling that required public bodies to provide single-sex facilities for women. Some organisations delayed policy changes, citing legal uncertainty; the EHRC’s guidance aims to clarify compliance.

Maggie Chapman rages that men are banned from using female bathrooms and changing rooms in new guidance

The Code permits asking a person’s eligibility for a single-sex area only when there is “clear evidence” a man is trying to enter a female-only space. It states routine inquiries about sex in toilets or changing rooms are “unlikely to be either practical or appropriate.” Signage and website notices should indicate single-sex services.

Maggie Chapman rages that men are banned from using female bathrooms and changing rooms in new guidance

The EHRC and UK Government present the guidance as a practical tool for lawful service provision. For Women Scotland welcomed it, calling it “a significant milestone in ensuring women’s rights are upheld and protected across the UK” and saying it should end “unjustified excuses and delays” in applying the Supreme Court ruling.

Maggie Chapman rages that men are banned from using female bathrooms and changing rooms in new guidance

Scottish Greens MSP Maggie Chapman described the guidance as “deeply troubling, authoritarian and cruel,” arguing it rolls back fundamental rights for marginalized groups. She warned it could increase invasive questioning, heighten suspicion, and put trans people at risk if they do not conform to gender stereotypes.

Maggie Chapman rages that men are banned from using female bathrooms and changing rooms in new guidance

• “She went on a lengthy rant and said: "This guidance is deeply troubling, authoritarian and cruel.” — Maggie Chapman, Scottish Greens MSP

Maggie Chapman rages that men are banned from using female bathrooms and changing rooms in new guidance

• “For trans people, for anyone who doesn’t fit societal norms, for business owners, social groups and workplaces, this guidance makes life harder for everyone.” — Maggie Chapman, Scottish Greens MSP

Maggie Chapman rages that men are banned from using female bathrooms and changing rooms in new guidance

• “The people who will most feel the impact of this and worry about how they can go about their lives after today will be trans people and their loved ones.” — Maggie Chapman, Scottish Greens MSP

Maggie Chapman rages that men are banned from using female bathrooms and changing rooms in new guidance

• “Hopefully, this will mark an end to the unjustified excuses and delays in implementing the Supreme Court ruling.” — For Women Scotland spokesperson

Maggie Chapman rages that men are banned from using female bathrooms and changing rooms in new guidance

The guidance says trans individuals should not be challenged for using a different bathroom if they are not “obviously of the other sex,” but it still authorises bans on men in female-only changing rooms. Some public bodies have not yet revised policies, and “clear evidence” remains ambiguous.

Maggie Chapman rages that men are banned from using female bathrooms and changing rooms in new guidance

The guidance is now applicable, and organisations are expected to update signage and procedures accordingly.

Maggie Chapman rages that men are banned from using female bathrooms and changing rooms in new guidance