Leading mental health charities have raised significant concerns regarding new guidance on single-sex spaces, warning that it could pose a “major risk” to the mental health of transgender and non-binary individuals. Over a dozen organizations, including Mind, Samaritans, and the Centre for Mental Health, have communicated their apprehensions to the government, particularly regarding the implications of the proposed guidance from the Equality and Human Rights Commission (EHRC).
The guidance follows a ruling by the Supreme Court in April 2023, which clarified that the terms “woman” and “sex” within the Equality Act 2010 refer specifically to biological women and biological sex. According to reports from The Times, the new guidance allows institutions, such as hospitals, gyms, and leisure centres, to question transgender women about their eligibility to use single-sex services based on their appearance, behavior, or concerns from others.
Charities Express Deep Concerns
Fifteen charities, including Beat and the Royal College of Psychiatrists, have formally expressed their concerns in a letter addressed to Bridget Phillipson, the equalities minister. They stated, “As mental health organizations, we are deeply concerned about the harm this guidance could cause.” The charities highlighted that living in fear of abuse, discrimination, or humiliation is a significant risk factor for poor mental health. Trans and non-binary people already face some of the highest rates of mental health issues in the UK, exacerbated by stigma, exclusion, and barriers to affirming care.
The letter continued, “The proposed guidance risks deepening these inequalities, undermining people’s dignity, safety, and access to support.” The charities urged the government not to proceed with the guidance in its current form, warning that it could further entrench existing disparities and pose serious risks to the wellbeing of trans and non-binary individuals.
Delay in Publication and Government Response
The EHRC submitted its updated code of practice to ministers in September 2023, but its publication has been met with criticism, particularly from Baroness Kishwer Falkner of Margravine, who recently concluded her term as chairwoman of the EHRC. The government has indicated that it will not rush the publication process, emphasizing the need for careful consideration.
Andy Bell, chief executive of the Centre for Mental Health, emphasized the importance of safe spaces for mental health care, stating, “If trans and non-binary people do not have access to safe spaces for mental health care, they risk missing out entirely on support – exacerbating the inequalities that already exist.” He expressed hope that the minister would engage in discussions to ensure the mental health, dignity, and equality of trans and non-binary people across the UK.
In response to the charities’ concerns, a government spokesperson affirmed, “Everyone deserves to be treated with dignity and respect. We are clear that there are laws in place to protect trans people from discrimination and harassment.” The spokesperson added that the EHRC has submitted a draft Code of Practice to Ministers, and the government is working diligently to review it with the necessary care.
The ongoing dialogue surrounding this guidance highlights the complexities and sensitivities involved in balancing rights and protections within society. As discussions continue, the mental health impact on vulnerable groups remains a pressing concern for both advocates and policymakers.
