Majority of English Councils Non-Compliant with Landmark Supreme Court Ruling
More than half of local authorities across England are still failing to comply with the Supreme Court's 'crystal clear' ruling on biological sex, nearly a year after the landmark judgment was delivered. According to a comprehensive new report, 159 out of 317 councils, unitary authorities, and London boroughs remain in a state of 'waiting for guidance,' despite explicit statements from the Equalities Minister that the legal position is unequivocal.
Widespread Legal Non-Compliance and Defiance
The investigation, conducted by the Women's Rights Network (WRN) through Freedom of Information requests, paints a troubling picture of institutional inertia. Only 19 local authorities have expressed confidence that their policies are legally compliant, while at least 17 councils have been identified as maintaining policies that are 'likely to be unlawful.'
Perhaps most astonishingly, the report reveals that some councils have openly stated they 'did not agree with the Supreme Court judgment' and have deliberately maintained trans-inclusive policies in defiance of the ruling. This stance has drawn sharp criticism from women's rights groups, who accuse councils of showing a 'scandalous disregard for the rights, safety and dignity of women and girls.'
Ministerial Calls for Immediate Action
Equalities Minister Bridget Phillipson has repeatedly emphasized the clarity of the Supreme Court's decision. In a recent television interview, she stated: 'My message to employers, for the avoidance of any doubt, is that they should understand the Supreme Court ruling and take action.' She described the April 2023 ruling as having 'set out very, very clearly what sex means,' adding definitively: 'It means biological sex.'
However, the minister faces her own challenges. She has been accused of blocking the publication of final guidance from the Equality and Human Rights Commission (EHRC), which would provide clear directives for service providers. Ms Phillipson denies these accusations, but she has yet to announce whether the guidance will be accepted or when it might be presented to Parliament.
Specific Cases of Policy Failure
The WRN report highlights numerous specific examples of councils failing to uphold the law. Coventry Council has stated it has 'no plans to review its policies and practices in light of the Supreme Court judgment.' Norwich Council has instructed staff to 'keep using the toilets with which they feel most comfortable,' directly contradicting the ruling's implications for single-sex spaces. Similarly, the London Borough of Haringey confirmed it 'has no plans to review its policies.'
Heather Binning, founder of the Women's Rights Network, expressed outrage at these findings. 'It is shameful that so many local authorities are still failing to comply with the judgment,' she said. 'They have a moral and legal duty to protect women's rights. It is now 10 months since the Supreme Court confirmed what every right-thinking person has always known - sex means sex, not a self-declared gender identity. There is no need for further guidance, the law is the law.'
Legal and Practical Consequences
The Supreme Court's unanimous ruling last April established that 'sex' in the Equality Act 2010 refers specifically to biological women and men, not to self-identification or possession of a Gender Recognition Certificate (GRC). This decision has profound implications for how councils deliver services including education, children's services, leisure centres, rape and domestic violence support, and accommodation for vulnerable women.
By failing to align their policies with this ruling, councils are 'failing female employees and service users and exposing themselves to potentially expensive litigation,' the report warns. Cath Dyson, one of the report's authors, stated she was 'horrified' by the findings. 'This is wrong on so many levels,' she said. 'Local authorities are failing the women they represent, they are failing the women who work for them and they are failing the women who use their services.'
The Path Forward
The EHRC had issued interim guidance following the Supreme Court decision to help service providers enforce single-sex spaces based on biological sex. However, this guidance was later withdrawn pending updated versions that require ministerial approval. Organisations are now awaiting final guidance, which would only come into force 40 days after the Government lays the draft code in Parliament.
The report concludes with a direct appeal to the Equalities Minister: 'An obvious first step is for Ms Phillipson to do her job and publish the EHRC guidance. There is no excuse or good reason for further delay, because the sooner the EHRC guidance is shared, the sooner this mess can be fixed.'
Requests for comment from Coventry Council, Norwich Council, and the London Borough of Haringey went unanswered at the time of publication.
