Supreme Court: EHRC to 'pursue' NHS over single-sex services

The UK's equalities watchdog will pursue the NHS over new guidance on single-sex spaces, its chair has said.

Baroness Kishwer Falkner said the Equality and Human Rights Commission (EHRC) wants to see an update to health service policies in the wake of this week's Supreme Court judgment.

The court ruled that 'man', 'woman', and 'sex' in the Equality Act refer to biology, not chosen gender.

The ruling follows a crowdfunded challenge by the group For Women Scotland.

Judges agreed that guidance issued by the Scottish Government over its Gender Representation on Public Boards Act was unlawful in including trans women with a Gender Recognition Certificate as women.

A statement to parliament by social justice secretary Shirley-Anne Somerville is expected next week.

While the case referred to Scottish Government guidance, the court's determination on the meaning within the Equality Act has implications for public services across the UK.

Revised guidelines will be provided over single-sex provisions and policies by the summer.

NHS guidance currently says trans people should be accommodated in line with their gender identity. However, judges said trans women are not entitled to the use of spaces or services designated as women-only. 

Falkner said the EHRC has been "speaking to the health service for an inordinately long time" and "will now be asking them when they will be updating their advice".

Appearing on the BBC’s Today programme, she replied "yes we will" when asked if the EHRC will pursue the NHS in the event of inaction.

Falkner said: "We will be having those conversations with them to update that guidance."

And she said trans people should use the community's "power of advocacy" for the provision of facilities like a "third space" for toilets.

She said: "Single-sex services like changing rooms must be based on biological sex; if a male person is allowed to use, it's no longer a single sex space."

Scottish Government finance secretary Shona Robison said the ruling had brought "helpful" clarity.

On any moves to seek new action on the Gender Recognition Reform Bill which was blocked by Westminster, she said ministers have "no intention of bringing that back".

Robison said: "What’s important is the revised guidance that the Equality and Human Rights Commission will now develop, because that will need to be followed by public bodies."

But appearing on the BBC's Good Morning Scotland, Green MSP Maggie Chapman said she was "concerned" about the impact of the ruling, which she claimed would "stoke the fires of the culture war".