Lambeth Council to defy EHRC guidance on single-sex spaces

Lambeth Council has decided not to implement the Equality and Human Rights Commission’s (EHRC) new guidance on single-sex spaces, opting instead to develop its own policy. The guidance, which came into force on 4 September, requires public facilities such as toilets, changing rooms, hospital wards and refuges to be used based on a person’s birth sex rather than their gender identity.

The decision was made in July by the Green-led council, which includes a pledge to proceed with non-implementation if officers confirm it is lawful. Cllr Natalie Kane, Green Party deputy leader of Lambeth Council, said the move reflects concerns over the impact on transgender and gender non-conforming individuals accessing services. She told the BBC’s Today programme that the council aims to ensure people feel comfortable using essential services without fear of exclusion.

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Why Lambeth is taking a different approach

The EHRC guidance has faced criticism from some local authorities and advocacy groups. Zack Polanski, leader of the Green Party, described the guidance as unworkable and part of a broader campaign against transgender rights. Speaking at a press conference, he questioned the practicality of funding additional facilities and raised concerns about discrimination. Polanski asked whether a transgender man would be expected to use women’s toilets under the new rules, calling the scenario unacceptable.

Lambeth’s motion states the council will develop a policy that protects and champions the rights of transgender and non-conforming people to dignity and respect for their private life. The policy will apply to public services and workplaces within the borough. It is unclear when the council will publish its draft policy or how residents can contribute to the process.

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Legal and financial implications

The EHRC has warned that councils cannot simply ignore the Equality Act. Mary-Ann Stephenson, chairwoman of the EHRC, said local authorities risk legal action if they fail to comply. She acknowledged that enforcement would not involve monitoring every toilet but said service providers must decide whether to question users about their sex. Stephenson described some council motions as performative, suggesting they may not lead to practical changes.

The financial impact of the guidance could be significant. The Press Association reported that nearly 13,000 toilets and over 5,000 changing rooms in public facilities across the UK may need to be remodelled. At least 18,000 signs would require replacement, with costs expected to reach millions of pounds. The figures include facilities in hospitals, gyms and leisure centres.

Political and public reaction

Shadow equalities minister Claire Coutinho welcomed the EHRC guidance, calling it a victory for women and girls who have been denied their legal rights. She criticised the government for delaying the publication of the guidance and accused it of attempting to water it down. Coutinho said the law is clear: single-sex spaces must be based on biological sex. She urged equalities minister Bridget Phillipson to ensure all government bodies comply.

For us it really is about making sure that people feel comfortable accessing services and we are worried that people won’t feel they can.

Cllr Natalie Kane, Green Party deputy leader of Lambeth Council

Phillipson acknowledged the guidance would face legal challenges and ongoing debate. Speaking to Parliament’s Women and Equalities Committee in June, she said the code provides what is needed across protected characteristics but recognised the difficulties for smaller organisations with limited resources. She did not specify how the government would support councils in implementing the guidance.

What happens next

Lambeth Council must now seek legal advice on whether non-implementation of the EHRC guidance is lawful. If officers confirm it is, the council will proceed with developing its own policy. Residents and stakeholders will have an opportunity to submit views during the consultation phase, though no timeline has been set. The council has not yet published details on how to participate.

The EHRC guidance remains in force across the UK, and other councils may face similar decisions in the coming months. Legal challenges are expected, particularly from groups advocating for transgender rights. The debate over balancing rights, safety and dignity in single-sex spaces is likely to continue as councils and service providers navigate the new rules.