EHRC forced to change trans guidance after Good Law Project challenge | Good Law Project
Source: https://goodlawproject.org/ehrc-forced-to-change-trans-guidance-after-good-law-project-challenge
Archived: 2026-04-23 17:20
EHRC forced to change trans guidance after Good Law Project challenge | Good Law Project
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Latest
14 April 2026
EHRC forced to change trans guidance after Good Law Project challenge
Part of campaign
Stop the UK’s attack on trans people
View campaign
Stop the UK’s attack on trans people
Further legal analysis reveals flaws in the regulator’s draft guidance, which has now been revised and will be presented to parliament in May
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Women and equalities minister
Bridget
Phillipson
has revealed
that the Equality and Human Rights Commission (EHRC) has been forced to amend its draft statutory guidance for service providers and associations, following “further legal analysis”.
These revisions follow Good Law Project’s challenge to interim guidance rushed out by the EHRC in April 2025. It was clear from
the High Court’s decision in that case
that the EHRC’s draft code of practice – submitted to the minister last year –
got the law wrong
. We wrote to
Phillipson
following this decision, highlighting the relevant aspects of the judgment and urging her to reject the inaccurate guidance.
In a statement to parliament, the minister said that the guidance had to be accurate “including in the light of the recent court rulings”.
Phillipson
added that the EHRC had been asked to revise the draft code following “further legal analysis”, and that they had returned an updated version on 13 April. This is despite numerous public comments from those at the EHRC over recent months,
defending the guidance
as “legally sound”.
Help us appeal the High Court’s judgment on trans rights
Chip in
The EHRC said
that it had undertaken further legal analysis to “make adjustments” to the code so that it would “provide legally accurate, practical guidance”. It said that the updates were intended to help make sure “all service users are treated with dignity and respect, in line with the Equality Act”.
Phillipson
also announced that the government intends to lay the updated guidance before parliament for approval in May, adding that due to forthcoming local elections, she could not make further announcements about its substance. The minister also praised the “clarity” brought by the Supreme Court’s decision.
For Jess O’Thomson, Good Law Project’s trans rights lead, the minister’s language and framing were “predictably terrible” from this government, but can’t subtract from “a substantial win for the trans community”.
“The EHRC has been gaslighting us for a year, insisting publicly and repeatedly that their legal analysis was unimpeachable. Now it’s clear that they got the law wrong, and they’ve been told to fix the guidance they tried to force through last year. It shouldn’t have taken this long for the EHRC to do its job.”
“We are glad the minister has demanded these changes – only time will tell if the revised draft properly explains how organisations can remain trans inclusive, and protects the rights of all. But whatever the guidance contains, Good Law Project will continue our work to ensure the human rights of trans people are defended.”
Part of campaign
Stop the UK’s attack on trans people
View campaign
Stop the UK’s attack on trans people
Together we can stand against hate
Join the fight
Donate now
Stay up to date and be the first to hear about how to take action
We use limited cookies
We use cookies where necessary to allow us to understand how people interact with our website and content, so that we can continue to improve our service.
View our privacy policy
More Options
Choose which cookies to allow
Google Tag Manager and Google Analytics 4
Meta (Facebook)
Google ads
TikTok
Confirm your choices
Skip to main content
Latest
14 April 2026
EHRC forced to change trans guidance after Good Law Project challenge
Part of campaign
Stop the UK’s attack on trans people
View campaign
Stop the UK’s attack on trans people
Further legal analysis reveals flaws in the regulator’s draft guidance, which has now been revised and will be presented to parliament in May
Stay up to date and be the first to hear about how to take action
Sign up
Women and equalities minister
Bridget
Phillipson
has revealed
that the Equality and Human Rights Commission (EHRC) has been forced to amend its draft statutory guidance for service providers and associations, following “further legal analysis”.
These revisions follow Good Law Project’s challenge to interim guidance rushed out by the EHRC in April 2025. It was clear from
the High Court’s decision in that case
that the EHRC’s draft code of practice – submitted to the minister last year –
got the law wrong
. We wrote to
Phillipson
following this decision, highlighting the relevant aspects of the judgment and urging her to reject the inaccurate guidance.
In a statement to parliament, the minister said that the guidance had to be accurate “including in the light of the recent court rulings”.
Phillipson
added that the EHRC had been asked to revise the draft code following “further legal analysis”, and that they had returned an updated version on 13 April. This is despite numerous public comments from those at the EHRC over recent months,
defending the guidance
as “legally sound”.
Help us appeal the High Court’s judgment on trans rights
Chip in
The EHRC said
that it had undertaken further legal analysis to “make adjustments” to the code so that it would “provide legally accurate, practical guidance”. It said that the updates were intended to help make sure “all service users are treated with dignity and respect, in line with the Equality Act”.
Phillipson
also announced that the government intends to lay the updated guidance before parliament for approval in May, adding that due to forthcoming local elections, she could not make further announcements about its substance. The minister also praised the “clarity” brought by the Supreme Court’s decision.
For Jess O’Thomson, Good Law Project’s trans rights lead, the minister’s language and framing were “predictably terrible” from this government, but can’t subtract from “a substantial win for the trans community”.
“The EHRC has been gaslighting us for a year, insisting publicly and repeatedly that their legal analysis was unimpeachable. Now it’s clear that they got the law wrong, and they’ve been told to fix the guidance they tried to force through last year. It shouldn’t have taken this long for the EHRC to do its job.”
“We are glad the minister has demanded these changes – only time will tell if the revised draft properly explains how organisations can remain trans inclusive, and protects the rights of all. But whatever the guidance contains, Good Law Project will continue our work to ensure the human rights of trans people are defended.”
Part of campaign
Stop the UK’s attack on trans people
View campaign
Stop the UK’s attack on trans people
Together we can stand against hate
Join the fight
Donate now
Stay up to date and be the first to hear about how to take action