Ministers are taking a careful approach to ensure that transgender guidance is thoroughly reviewed to prevent a scenario where individuals are policing restroom access, according to a government official.

Children’s minister Josh MacAlister acknowledged the ongoing nature of the issue as the government evaluates guidance provided by the Equalities and Human Rights Commission (EHRC). The EHRC’s guidance, as reported by The Times from a leaked document, raises the possibility of prohibiting transgender individuals from single-sex spaces based on their appearance.

While the EHRC sent the document to ministers nearly three months ago, MacAlister emphasized the need for a comprehensive assessment due to the potential implications on physical infrastructure and the subjective judgment of staff in various settings.

Meanwhile, Women and Equalities Minister Bridget Phillipson expressed her careful consideration of the EHRC’s guidance. The EHRC urged Phillipson, also the Education Secretary, to expedite the implementation of the new guidance, noting that the current code has not been updated since 2011.

In response to inquiries about the guidance, Phillipson stressed the importance of ensuring a balanced approach that respects both women’s access to single-sex facilities for services like domestic violence support and rape crisis centers, while also upholding the dignity and respect of transgender individuals.

The latest draft of the guidance follows a Supreme Court ruling in April, clarifying that the terms “woman” and “sex” in the Equality Act 2010 pertain to biological distinctions.

Overall, officials are prioritizing a comprehensive review process to address the complex considerations surrounding single-sex provisions for women and the treatment of transgender individuals respectfully and fairly.