Question to the Department for Education:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, what plans they have to ensure that state schools provide same-sex toilets and changing facilities for (1) pupils, and (2) staff.

Answered by Baroness Smith of Malvern - Minister of State (Minister for Women and Equalities)

Single-sex spaces based on biological sex are protected in law and will always be protected by this government.

Under the Premises Regulations (2012) and Independent School Standards (2014) which apply to all maintained schools, academies and free schools, responsible bodies (such as school governing bodies, academy trusts or local authorities) are required to ensure that suitable toilet and changing facilities are provided. Regulation 4 states “separate toilet facilities for boys and girls aged 8 years or over must be provided except where the toilet facility is provided in a room that can be secured from the inside and that is intended for use by one pupil at a time”.

The responsibility for complying with the standards and regulations lies with the appropriate responsible body for the school.

Question to the Department for Education:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, what plans they have to issue guidance to schools about single-sex spaces, sports and activities for pupils and staff of the same biological sex.

Answered by Baroness Smith of Malvern - Minister of State (Minister for Women and Equalities)

The government has set out its expectation that organisations follow the clarity the ruling provides. The Equality and Human Rights Commission has already committed to supporting organisations with its updated statutory code of practice. We will engage them as necessary as they progress this work.

For children in schools, the department are currently reviewing the draft statutory relationships, sex and health education guidance and the draft non-statutory guidance on gender questioning children, ensuring that children’s wellbeing is at the heart of both. Departmental officials are analysing consultation responses, talking to stakeholders and considering the evidence, including the Cass Review, before deciding next steps.

Question to the Department for Education:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, what plans they have to issue guidance to organisations and other stakeholders that interact with the Department for Education about implementing the Supreme Court ruling.

Answered by Baroness Smith of Malvern - Minister of State (Minister for Women and Equalities)

The government has set out its expectation that organisations follow the clarity the ruling provides. The Equality and Human Rights Commission has already committed to supporting organisations with its updated statutory code of practice. We will engage them as necessary as they progress this work.

For children in schools, the department are currently reviewing the draft statutory relationships, sex and health education guidance and the draft non-statutory guidance on gender questioning children, ensuring that children’s wellbeing is at the heart of both. Departmental officials are analysing consultation responses, talking to stakeholders and considering the evidence, including the Cass Review, before deciding next steps.

Question to the Department for Education:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, what plans they have to issue guidance to single-sex schools about the admission of pupils who are not of the same biological sex.

Answered by Baroness Smith of Malvern - Minister of State (Minister for Women and Equalities)

The department is currently reviewing the draft non-statutory guidance for schools and colleges on gender questioning children. The guidance will cover a range of topics relating to the requests that gender questioning children might make and the action schools and colleges should take.

My right hon. Friend, the Secretary of State for Education, has been clear that children’s wellbeing must be at the heart of this guidance and, as such, the government is looking carefully at the consultation responses, discussing with stakeholders and considering the relevant evidence, including the final report of the Cass Review, which was published post-consultation, before setting out next steps.

Question to the Department for Education:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, whether they plan to issue guidance to state schools about children or pupils who wish to change their gender designation, pronouns or clothing without parental consent.

Answered by Baroness Smith of Malvern - Minister of State (Minister for Women and Equalities)

The department is currently reviewing the draft non-statutory guidance for schools and colleges on gender questioning children. The guidance will cover a range of topics relating to the requests that gender questioning children might make and the action schools and colleges should take.

My right hon. Friend, the Secretary of State for Education, has been clear that children’s wellbeing must be at the heart of this guidance and, as such, the government is looking carefully at the consultation responses, discussing with stakeholders and considering the relevant evidence, including the final report of the Cass Review, which was published post-consultation, before setting out next steps.

Question to the Department for Education:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, whether they will issue guidance about disciplinary action for teachers who call a pupil by the name or pronoun of the pupil's biological sex.

Answered by Baroness Smith of Malvern - Minister of State (Minister for Women and Equalities)

The department is currently reviewing the draft non-statutory guidance for schools and colleges on gender questioning children. The guidance will cover a range of topics relating to the requests that gender questioning children might make and the action schools and colleges should take.

My right hon. Friend, the Secretary of State for Education, has been clear that children’s wellbeing must be at the heart of this guidance and, as such, the government is looking carefully at the consultation responses, discussing with stakeholders and considering the relevant evidence, including the final report of the Cass Review, which was published post-consultation, before setting out next steps.

Question to the Attorney General:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, whether they plan to issue guidance to the Crown Prosecution Service to ensure that all people involved in a case are referred to by their biological sex in paperwork, records and orally.

Answered by Lord Hermer - Attorney General

The Equality and Human Rights Commission (EHRC) are updating their Code of Practice and once it has been submitted, the Government will engage with the EHRC to ensure it provides the certainty and clarity service providers need, in line with the Supreme Court ruling. How court proceedings will be dealt with under the Court’s ruling will be a matter for the judiciary.

Question to the Department for Digital, Culture, Media & Sport:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, whether they will lay before Parliament a report setting out the implementation of the ruling by the Department for Culture, Media and Sport, and the agencies and public bodies that work with that department, within six months.

Answered by Baroness Twycross - Baroness in Waiting (HM Household) (Whip)

The Supreme Court ruling made it clear that the provision of single-sex spaces is on the basis of biological sex. Service providers and those delivering public functions should note and follow the ruling. It is important that we ensure dignity and respect for all. Trans people should have access to services they need but in keeping with the ruling. The Equality and Human Rights Commission (EHRC), as Britain’s Equalities watchdog, is developing updated guidance to support service providers and is currently consulting on its code of practice for services, public functions and associations. This consultation will close on 30 June 2025. The Government is considering the implications of the Supreme Court's judgment.

Question to the Department for Digital, Culture, Media & Sport:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, what plans they have to include the biological sex of staff in reports about those employed by the Department for Culture, Media and Sport and its agencies and public bodies.

Answered by Baroness Twycross - Baroness in Waiting (HM Household) (Whip)

The Supreme Court ruling made it clear that the provision of single-sex spaces is on the basis of biological sex. Service providers and those delivering public functions should note and follow the ruling. It is important that we ensure dignity and respect for all. Trans people should have access to services they need but in keeping with the ruling. The Equality and Human Rights Commission (EHRC), as Britain’s Equalities watchdog, is developing updated guidance to support service providers and is currently consulting on its code of practice for services, public functions and associations. This consultation will close on 30 June 2025. The Government is considering the implications of the Supreme Court's judgment.

Question to the Department for Digital, Culture, Media & Sport:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, what plans they have to issue guidance to organisations and other stakeholders that interact with the Department for Culture, Media and Sport about implementing the Supreme Court ruling.

Answered by Baroness Twycross - Baroness in Waiting (HM Household) (Whip)

The Supreme Court ruling made it clear that the provision of single-sex spaces is on the basis of biological sex. Service providers and those delivering public functions should note and follow the ruling. It is important that we ensure dignity and respect for all. Trans people should have access to services they need but in keeping with the ruling. The Equality and Human Rights Commission (EHRC), as Britain’s Equalities watchdog, is developing updated guidance to support service providers and is currently consulting on its code of practice for services, public functions and associations. This consultation will close on 30 June 2025. The Government is considering the implications of the Supreme Court's judgment.

Question to the Department for Digital, Culture, Media & Sport:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, what guidance they will issue to (1) the Department for Culture, Media and Sport, and (2) agencies and public bodies that work with the Department, about updating their policies and written guidance; whether they will consult the organisation Sex Matters in doing so; and whether the revised policies and written guidance will be laid before Parliament.

Answered by Baroness Twycross - Baroness in Waiting (HM Household) (Whip)

The Supreme Court ruling made it clear that the provision of single-sex spaces is on the basis of biological sex. Service providers and those delivering public functions should note and follow the ruling. It is important that we ensure dignity and respect for all. Trans people should have access to services they need but in keeping with the ruling. The Equality and Human Rights Commission (EHRC), as Britain’s Equalities watchdog, is developing updated guidance to support service providers and is currently consulting on its code of practice for services, public functions and associations. This consultation will close on 30 June 2025. The Government is considering the implications of the Supreme Court's judgment.

Question to the Department for Digital, Culture, Media & Sport:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, whether they will issue guidance to sports public bodies about the implementation of the Supreme Court ruling; and whether they plan to withdraw grants from sporting organisations that do not comply with that ruling.

Answered by Baroness Twycross - Baroness in Waiting (HM Household) (Whip)

We have always been clear that when it comes to women's sport, biology matters. Our sports bodies need to come up with policies that protect fairness and safety, whilst ensuring everyone has the opportunity to participate in some form.

It is for each sport's National Governing Body to set their own policies for who can participate in domestic competitions. Our Sports Councils produce guidance to provide domestic sports bodies with the framework and support to determine the right position for their sport. Our Sports Councils are considering the implications of the Supreme Court ruling for their guidance.

A public consultation on the EHRC’s Code of Practice is now underway. We would encourage people to ensure their views are heard by submitting a response to the consultation. The Government will consider the EHRC's updated draft Code of Practice once it has been submitted and engage the EHRC to ensure it provides the certainty and clarity service providers need, in line with the Supreme Court ruling.

Question to the HM Treasury:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, whether they plan to issue guidance to the Financial Conduct Authority to ensure that biological sex is used in pay gap analysis reports.

Answered by Lord Livermore - Financial Secretary (HM Treasury)

The government will review and update its general policy and guidance wherever necessary to ensure it complies with the latest legal requirements.

Question to the Department of Health and Social Care:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, what plans they have to ensure that GP practices, NHS hospitals and clinics have dedicated changing facilities for staff of female biological sex; and what guidance they will issue about disciplinary action against staff of male biological sex who seek to use those facilities.

Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)

We have always supported the protection of single-sex spaces based on biological sex. Single-sex spaces are protected in law and will always be protected by the Government.

The Supreme Court ruling about the meaning of ‘sex’ in the Equality Act 2010 case has provided much needed confidence and clarity to service providers. We expect all providers to follow the clarity this ruling provides.

The Government expects the National Health Service to deliver health services in accordance with the Equality Act 2010, having appropriate regard to protected characteristics as defined in the Act where relevant. NHS England is reviewing its ‘delivering same-sex accommodation’ guidance and will ensure it reflects the Supreme Court ruling.

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