Response 3972404

Response to request for information

Reference

3972404

Response date

13 April 2026

Request

I have read the Council's response to Freedom of Information (FOI) request 3756433 , in which these matters were raised. I have concerns about the substance of that response. 

The previous FOI response states that the Council intends to wait until the relevant Code of Practice is updated before reviewing its policies. The obligation for Rushcliffe Borough Council (RBC) to comply with the Supreme Court ruling on the meaning of sex in the Equality Act 2010 is immediate, it isn’t contingent on updated guidance from the Equality and Human Rights Commission (EHRC). The EHRC made clear in its interim guidance that public bodies are expected to act in accordance with the law now, and that the interim guidance itself provides sufficient direction to do so. Government ministers have reinforced this publicly, stating that organisations should not treat the updated statutory Code of Practice as a prerequisite for compliance. 

The FOI response describes the changing and toilet facilities at the Council's leisure centres and golf course but does not address whether the toilets and changing rooms within RBC designated as female-only are restricted to biological women. 

The EHRC interim guidance is explicit that where single-sex facilities are provided, those facilities may lawfully - and in some contexts must - exclude persons of the opposite biological sex, regardless of whether that person holds a gender recognition certificate. The FOI response indicates that single-sex areas do exist (e.g. female group changing areas, female toilets), but the Council has not confirmed the access policy that governs them. 

Could you please confirm:

1. If RBC is still choosing to wait for updated guidance before implementing the Supreme Court judgment, and if so, who made the decision to wait?
2. Whether access to female-designated changing areas and toilets at each of the Council's leisure centres and golf course is currently restricted to biological women or open to men who identify as women?
3. What is the current access policy for female-designated changing areas and toilets, and on what legal basis does it rest? 

I would be grateful for a substantive response to each of these points. 

Response

We note you have had sight of our previous responses relating to the Supreme Court Judgment in For Women Scotland v Scottish Ministers (2025) (‘the Judgment’). Your email suggests that the Council should ‘implement the Supreme Court judgment’ which we take to mean review non-compliant policies immediately.

The Council’s position is, and remains, that the Judgment clarified rather than altered the law in relation to the meaning of ‘sex’ within the Equality Act 2010.  As a result, a public body in England would only be required to implement changes in relevant policies where that clarification highlighted that these were non-compliant. This would include any policy relating to single sex spaces.  

In accordance with section 1(1)(a) FOIA, the Council confirm it has no policies on the use of facilities which do not comply with the relevant law.  If, and when, Government guidance is issued which suggests a policy review is necessary then this will be undertaken. The body that determines that policies require to be reviewed in line with Government guidance is the Council’s Executive Management Team.  

In accordance with section 16 of the FOIA the Council has a duty to provide you with advice and assistance in relation to your query and further to this duty we can confirm:

1. As stated above, the clarification in the Judgment did not affect the legality of any current Council policy on either public use of Council facilities or facilities provided for employees. The Council’s position is that all our policies are compliant with current obligations.  However, these will be reviewed in accordance with any Government guidance as and when issued.
2. As confirmed in previous FOI responses, external providers manage the Council’s leisure and golf facilities. Service users have access to gender neutral facilities in addition to single sex spaces. The expectation is that service users will not use single sex spaces that are designated for the opposite sex. We are not aware of any policy that contradicts this expectation.
3. If you are aware of any Council policy which is not compliant with any legislation including the Equality Act 2010 or the Workplace (Health, Safety and Welfare) Regulations 1992 you may wish to make a fresh FOIA request relating to this specific policy, identifying the sections which you believe are non-compliant together with reasons.  If you are not seeking information held in records you can also submit a complaint through the on-line procedure.