Plymouth City Council is calling for urgent clarity on how public bodies should interpret and apply recent changes to equality law, following a Supreme Court decision that redefined how “sex” is understood in the Equality Act.
The ruling has raised serious questions about who can access single-sex spaces like toilets, changing rooms, and hostels—and how councils are expected to apply the law in practice.
At Full Council on 2 June, the Council passed a motion raising concerns about the impact of the ruling on access to public facilities and the safety of women, trans, non-binary and intersex people.
That motion agreed that the Council would respond to The Equality and Human Rights Commission’s (EHRC)s consultation on its Code of Practice, write to the Minister for Women and Equalities, and review its own services once final guidance is published.
The Council has now submitted its consultation response and the Leader of the Council, Councillor Tudor Evans has written to the Minister, expressing concern that the ruling has created confusion over which public facilities people are legally allowed to use.
But this issue goes far beyond toilets. The ruling has implications for how councils and other public bodies deliver a wide range of services—from changing rooms and hostels to healthcare, education, and communal accommodation. It could also affect how the Council meets its responsibilities under the Public Sector Equality Duty.
The Council is concerned that the ruling and guidance risks creating unnecessary anxiety and division and could impact the delivery of services that residents rely on.
Councillor Chris Penberthy, Cabinet Member for Communities, for Plymouth City Council, said: “This ruling has left too many people feeling uncertain and unsafe. We’re proud to be a city that includes everyone, and we need national guidance that reflects that.
“The Equality Act was once world-leading, but it needs to be updated to meet the realities of today. We’re asking the Government to act now to protect people’s rights and help councils like ours deliver services fairly and safely.”
In the letter, the Council calls on the Minister to:
- Consider modernising the Equality Act 2010, including reviewing the definition of sex;
- Use the forthcoming Equality (Race and Disability) Bill as an opportunity to announce a full review;
- Place a moratorium on the application of the Supreme Court ruling while legal appeals are ongoing.
The Council will continue to assess the wider impact of the ruling and remains committed to delivering services that are inclusive, safe, and fully aligned with the law once final guidance is in place.