FOI Request - Single-sex Facilities Compliance
Request 101003830177
I am writing to inquire whether you are fully compliant with the provisions of the Equality Act 2010, particularly in light of the recent Supreme Court ruling in For Women Scotland v. Scottish Government (UKSC16).
As you will be aware, the Supreme Court has ruled that the legal definition of woman, within the Equality Act, is based on biological sex. The Equality and Human Rights Commission (EHRC) interim guidance confirmed that if facilities are provided for women these facilities are reserved for biological women.
I would be grateful if you could provide the following information.
1. Communication with Employees: Please provide a copy of any communications to employees regarding the outcome of the Supreme Court judgement.
2. Communication with Employees: Please provide copies of any communication to employees since 16 April 2025 that confirms that women's spaces and services provided by the Council are for female people and men’s spaces and services are for male people. If this has not been communicated to employees please state when this will be done.
3. Training and Awareness: Please state what training is planned for employees to ensure their understanding of the legal principles outlined in the ruling, especially in relation to the distinction between sex and gender reassignment as outlined in the Equality Act 2010. If this training is to be provided by an external organisation, please give the name of the organisation.
4. Equality Impact Assessments: Provide details of any specific training, either internal or provided by external organisations, to those producing Equality Impact Assessments to ensure EIAs are in line with the Equality Act 2010.
Response 25-08-2025
1. No formal corporate communication has been circulated to all employees at this time. The following advice has been given to relevant managers across Moray Council Services:
Moray Council provide male, female and accessible facilities. It is advised that transgender individuals use alternative accessible toilets should they not wish to use the toilets of their biological sex at birth.
2. As a Council, we recognise the clarity provided by the Supreme Court ruling in this case, as well as the recent Court of Session case involving Scottish Borders Council (where the judge ordered that Scottish schools must provide single-sex toilets for students). We are currently considering the implications of both cases in full and will take appropriate action in due course.
3. Moray Council is currently reviewing it internal training e-Modules for employees.
4. Internal Equality Impact Assessment training is carried out by our Organisational Development Team and Equal Opportunities Officer.