Single-Sex Spaces Guidance: A major change to equality guidance has come into force across England, Scotland and Wales, reshaping how public bodies, businesses and associations manage single-sex spaces. The updated statutory Code of Practice, issued by the Equality and Human Rights Commission (EHRC), follows the UK Supreme Court’s landmark 2025 judgment on the legal definition of sex under the Equality Act 2010.
While the guidance does not create new law, it explains how existing legislation should be applied in settings such as toilets, changing rooms, hospitals, schools and leisure centres. The changes have sparked praise from some women’s rights groups and concern from transgender rights advocates.
Single-Sex Spaces Guidance: Why Has the UK Introduced New Guidance?
The revised EHRC Code of Practice takes effect after the UK Supreme Court ruled in April 2025 that the terms “woman,” “man” and “sex” in the Equality Act 2010 refer to biological sex, rather than gender identity.
The updated code provides practical guidance for organisations on applying that judgment and can be relied upon by courts during legal disputes. It does not introduce new legal duties but clarifies how existing law should operate.
Single-Sex Spaces Guidance: What Changes Under the New Rules?
Under the updated guidance:
- Single-sex toilets must be provided based on biological sex.
- Changing rooms should operate according to birth sex.
- Hospital wards offering same-sex accommodation must admit patients based on biological sex.
- Women’s refuges and other single-sex services must follow the same principle.
- Organisations are encouraged to consider gender-neutral or fully enclosed facilities where appropriate to ensure services remain available to everyone.
Single-Sex Spaces Guidance: How Will Schools Be Affected?
Schools and colleges across England, Scotland and Wales will have to follow updated rules for single-sex spaces based on a child’s biological sex. Under the new guidance, students aged over eight should not share mixed-sex toilets or changing facilities. Schools must also avoid mixed-sex sleeping arrangements during overnight trips.
The code says teachers and school administrators should know every student’s biological sex so they can apply safeguarding measures correctly and maintain accurate school records.
The guidance also stresses that pupils should not be made to feel unsafe because of “inappropriate” mixed-sex sports or facilities.
According to the code:
- Single-sex spaces must be protected.
- Children over eight should not share mixed-sex toilet facilities.
- Schools should avoid mixed-sex sleeping arrangements during overnight trips.
- Staff should maintain accurate records of a student’s birth sex to meet safeguarding and legal responsibilities where necessary.
Single-Sex Spaces Guidance: What Does It Mean for Hospitals?
The updated guidance will also change how hospitals provide single-sex accommodation. NHS hospital wards will now allocate patients according to their biological sex rather than their gender identity, bringing hospital practices in line with the Supreme Court ruling.
The NHS is revising its existing same-sex accommodation policy, which will now be renamed “Privacy, Dignity and Safety in Hospital Accommodation.”
The revised guidance aims to ensure hospitals comply with the Equality Act while maintaining patient privacy, dignity and safety. Hospitals may also need to update signage and, in some cases, modify facilities to meet the new requirements.
Single-Sex Spaces Guidance: Public Facilities May Need Major Changes
The updated guidance could require significant infrastructure changes across Britain.
Analysis suggests:
- Nearly 13,000 toilets may need refurbishment.
- More than 5,000 changing rooms could require redesign.
- Around 18,000 signs may need replacement.
- Local authorities could face millions of pounds in additional cleaning and construction costs.
However, the UK government has said many organisations may already comply with the updated guidance, limiting overall costs.
Single-Sex Spaces Guidance: How Have Different Groups Responded?
Supporters say the updated code provides long-awaited legal certainty and strengthens protections for women’s single-sex spaces.
Meanwhile, transgender rights organisations have criticised the guidance, warning it could make access to public services more difficult for transgender people and increase legal uncertainty for service providers.
Single-Sex Spaces Guidance: Are Transgender People Still Protected?
Yes.
The Equality Act 2010 continues to protect people from discrimination based on gender reassignment. The EHRC says the updated code explains how service providers should balance different protected rights under existing legislation rather than introducing new legal obligations.
