Response to Equality and Human Rights Commission consultation on updated Services Code of Practice

We have responded to the EHRC’s consultation on its Code of practice for services, public functions and associations. 

The Code has been updated in response to the UK Supreme Court ruling that sex means ‘biological sex’ for the purposes of the Equality Act. We welcome the fact that the EHRC has produced this guidance, but are concerned that in its present form it doesn’t do enough to support regulators and regulated professionals to apply the judgment. 

We would like to see the guidance give a clearer steer on how and when regulators can request information about birth sex and how the judgment intersects with the provisions of the Gender Recognition Act.

For health and care professionals, the guidance needs to spell out in more detail how they can ensure care is delivered in a way that meets the new legal definition and protects dignity and privacy. Clarification is also required on what the judgment means for the provision of same-sex care, and whether patients have a right to know the sex of the professional caring for them. These key points need addressing to enable regulators and professionals to apply the ruling in a way that is both comprehensive and fair.