FOI Request - Leisure Facilities and Single Sex Spaces

Request 101003836308

As you will be aware from the For Women Scotland v Scottish ministers judgment, the Supreme Court ruled definitively that the term “woman” in the Equality Act 2010 refers to biological sex. This has direct and significant implications for the lawful operation of single-sex services including changing rooms and bathrooms in all public facilities. It is now beyond legal dispute that such spaces must be single-sex, and that inclusion within them must be based on biological sex, not self-declared gender identity. I note that the EHRC has stated publicly on multiple occasions that organisations should not wait for updated guidance and must instead ensure immediate compliance with the law as it currently stands.

Please outline the steps taken by Moray Council, since the clear ruling by the Supreme Court in the For Women Scotland v Scottish Ministers case, to ensure changing facilities and bathrooms for both service users and staff, are single sex spaces.

Please provide me with a copy of your policy relating to single sex spaces for service users and staff.

Please confirm whether Moray Council is currently breaking the law by allowing males (for clarity this includes those men who identify as transwomen) to use spaces, such as changing rooms and bathrooms, reserved - by law - for female members of the public and staff.

Please include any risk assessments or equality impact assessments completed on these topics since the Supreme Court ruling.