The head of the Equality and Human Rights Commission (EHRC) has warned that councils refusing to follow the law on single-sex spaces risk legal action.
Mary-Ann Stephenson, the new chairwoman of the EHRC, said councils that fail to implement guidance issued after last year's Supreme Court ruling on the legal definition of a woman will "realise they are obliged to follow the law".
Legal powers and enforcement
Speaking to Times Radio, Ms Stephenson added: "We have powers to take legal action." She warned that councils could face legal action not only from the EHRC but also from members of the public, stating that those "breaking the law" and "discriminating" will be "liable to cases brought by individual members of the public who use their services".
The guidance, which came into force this week, makes clear that single-sex facilities such as changing rooms and toilets should be organised on the basis of biological sex.
Council backlash
Green-led Lambeth Council last month backed a motion that blasted the code as "incoherent and self-contradictory" and "discriminatory", asking officers to "proceed with non-implementation should officers advise that this is a lawful option".
The leaders of the London councils of Hackney, Haringey, Lambeth, Lewisham, Southwark and Waltham Forest have warned the Government that the new code "will feel like an attack" on trans, non-binary and intersex people.
EHRC's position and budget constraints
Ms Stephenson said there was "potentially a degree of performativity" in the motions passed by councils and said the organisation would take legal advice, stressing that it had "enforcement powers".
However, she admitted that tightened finances mean the EHRC will have to prioritise where it enforces the code. She said the EHRC's budget had "been frozen for the last 10 years, so effectively, we faced a real-terms cut".
The code, she added, also protected the rights of disabled people to access services, and the right not to be discriminated against on grounds of race, religion or belief.
Political reactions
Green Party leader Zack Polanski blasted the code, saying: "I think these guidelines have been unworkable from the very beginning." He added it looked as if "some people just don't want [trans people] to exist in society at all, or to have a place where they can go to the toilet".
Shadow equalities minister Claire Coutinho said: "The law is perfectly clear: single-sex spaces and services must be operated on the basis of biological sex only. Yet too many organisations, including public services, are still not complying." She called on her Labour opposite number, Bridget Phillipson, to "get a grip and ensure all government bodies follow the law".
