Three Tests for the New Code of Practice

This month (May 2026), we’re expecting the UK Minister for Equalities Bridget Phillipson MP to lay an updated version of the EHRC’s Code of Practice (CoP) for services at the UK Parliament.

We don’t know what this updated version of the CoP will look like, as it will only be available to the public once it’s laid before Parliament. We’re hoping it’s very different from the version that the EHRC consulted on last year, which focused entirely on how trans people could be excluded and segregated from services and spaces and which, in our view, would lead to frequent and widespread breaches of our human rights.

Once the CoP is available to the public, we’ll do our best to read through it as thoroughly as we can, and share our thoughts with you on what it might mean for the rights and wellbeing of trans and non-binary people. However, as it’s a document that’s over 100 pages long, we’ve worked with TransActual and Trans+ Solidarity Alliance to develop three “tests” that we’ll use to determine if we think the new Code is fit for purpose.

These tests are:

1: Protect trans peoples access to gendered spaces

The Code of Practice must:

• Preserve the norm of trans inclusion that has worked for decades
• Ensure trans people are never forced into unsafe facilities for their gender assigned at birth
• Not paint trans people’s inclusion as inherently dangerous or risky
• Not promote the segregation of trans people into ‘third spaces’

2: Defend inclusive organisations

The Code of Practice must:

• Give inclusive services confidence to defend themselves against anti-trans lawfare
• Not tell associations and groups to tear trans members away from their friends
• Provide clear and workable solutions to remain inclusive
• Defend trans-inclusive freedom of association for all

3: Honour the UK's human rights commitments

The Code of Practice must:

• Protect trans people from being out as we go about our daily lives
• Not encourage regressive gender stereotyping or document checks
• Avoid painting trans rights as inherently in conflict with the rights of others in a ‘zero sum game’
• Protects trans people’s access to vital services and community activities without suffering discrimination

What if the tests are "failed"?

If these tests are not met, then we think that the Code of Practice will likely lead to breaches of trans and non-binary people’s human rights and dignity, and create further confusion about how services that want to can still include us in their work.

If the Supreme Court judgment really has resulted in laws that mean that trans people must be excluded and segregated from services and spaces across public life, this has clearly turned the intention of Parliament, when it originally passed those laws, on its head. It is our view that if exclusion really is what the law now requires, then the law should be fixed to work how it was always intended do, and we will do our best to help make this happen.

Whatever the outcome, we will continue to make the case that trans people deserve the same access to safe, inclusive services as everyone else, and keep you updated about any changes that are made.

Trans and non-binary deserve to live free from discrimination, harassment and abuse, and to have our human rights protected.