Overturn and subvert the Code of Practice

Close to a hundred MPs have signed an Early Day Motion from Nadia Whittome MP calling on the government to reject the EHRC Code of Practice (CoP) which (with some loopholes) bans trans women from “women’s” facilities. While it is difficult for that motion to get heard, it is a start to formal opposition to the CoP from MPs. More pressure should now come from local Labour Parties to get their MPs to sign and to join the majority of trade unions, plus LGBTQ and trans rights organisations, in calling for the CoP to be scrapped.

A campaign to overturn the CoP can win. Its fundamental flaws should also be poked and prodded. The allowance it makes for organisations to remain trans-inclusive but not “single-sex” provides some limited leeway for, if not defiance, then at least manoeuvre and subversion.

Remain

The conservative City of London Corporation (CLC) has said that Hampstead Heath Women’s Ponds will remain trans-inclusive, citing improvements being made, including more private cubicles.

The consultation carried out by the CLC received a lot of publicity, not least because Sex Matters has tried to take the CLC to court over its existing and now ongoing policy. The City of London Corporation policy chair, Chris Hayward, said, “Whilst the Supreme Court judgment confirmed the legal definition of ‘sex’, it did not decide that all trans-inclusive services must become single-sex services.

“We have continued to listen and take detailed legal advice throughout this process. The approach agreed today protects the character and unique spirit of the ponds while ensuring they remain welcoming to all.”

There is no legal requirement to provide “single-sex” leisure swimming facilities, so the CLC’s move does not apply to the NHS wards or other services. Similarly, the CLC has deeper pockets than other organisations, enabling it to quickly upgrade or provide alternative facilities. In many cases, smaller businesses and services may downgrade the availability of accessible toilet facilities, as those will now become the de facto non-single-sex toilets available.

Organisations that want to run trans-inclusive women’s conferences, or organisations like the Girl Guides or the Women’s Institute, can cite the case of the Hampstead Ponds as a reason to continue as they were before the Supreme Court decision of April 2025. Women and LGBTQ campaigners in the Labour Party should step up the fight for a standalone and inclusive women’s conference in 2027.