The Equality Act and single-sex spaces in the homelessness sector

Published January 2026

In April 2025, the Supreme Court made a ruling that Sex, for the purposes of the Equality Act refers to biological sex, meaning a person’s sex assigned at birth. The ruling has implications for single-sex spaces in the homelessness sector and the impact on how trans, non-binary, inter-sex and gender non-conforming people can access and receive support. The implications of the ruling are still being considered, with ongoing legal challenge and the Equality and Human Rights Commission’s (EHRC) interim guidance being withdrawn in October 2025 and new guidance sitting with Government for review before it can be laid before Parliament.

The following information is not legal advice (and should not be treated as such). It provides an overview of the current circumstances, implications for the homelessness sector and principles and practices to consider, with a view to ensuring that every vulnerable person experiencing homelessness is safe and can access the services they need. For support on terms and definitions, please refer to Stonewall’s list on LGBTQ terms https://www.stonewall.org.uk/resources/list-lgbtq-terms.

Organisations offering (or considering offering) single-sex services and/or changes to current provision, may want to seek independent legal advice based on the specific circumstances of their service.

Acknowledgements

With thanks to the many organisations who contributed to this document.

The Equality Act

The Equality Act 2010 is the UK law that protects people from discrimination based on nine protected characteristics.

The basis of equality is that all services should be available to everyone, but the Act acknowledges that universality can in particular circumstances cause discrimination to occur (in the sense that it disadvantages) one or more of the nine protected groups. The Act therefore allows for exemptions to prevent indirect discrimination. In relation to Sex, one exemption is that single-sex spaces are permitted (not mandated) if certain conditions are present, allowing the exclusion of one sex. In the case of many homelessness services, this could mean single-sex spaces for women which exclude men, but may also include male-only spaces which exclude women.

The definition of Sex

Since 2010 there has been debate about the definition of Sex in relation to the Equality Act. This was one of the driving forces behind the For Women Scotland case and the Supreme Court’s ruling. The ruling is not new law, but legal clarification: ‘sex’, for the purposes of the Equality Act, refers to biological sex, meaning a person’s sex as assigned at birth.

The definition of Gender Reassignment

Although the definition of Sex has now been clarified, it has thrown up further debate about how this works alongside another protected group under the Equality Act, Gender Reassignment. This is the language the law uses to talk about trans and non-binary identities. Under the Act, someone is protected from discrimination, harassment and victimisation if they are proposing to undergo, are undergoing or have undergone a process to change their sex.

Sex and Gender

As can be seen from the above text, if Sex is defined as a person’s sex assigned at birth, and cannot therefore be changed, there is a legal tension between Sex and Gender Recognition, since Gender Recognition allows for a person to change their sex. For example, a trans woman may change their sex on official documentation, such as a birth certificate or passport, from male to female. However, this same trans woman is now defined as their sex assigned at birth (male) in relation to Sex under the Act.

There is also a potential tension in practice, which may happen in the following situation:

A woman (assigned female at birth) and a trans woman (assigned male at birth) both want to access a single-sex accommodation service. Prior to the court ruling, inclusion practices would generally support the trans woman to access the single-sex space in the homelessness sector. With the court ruling, a trans woman’s right to access the single-sex space has been brought into question and as Sex has been defined biologically, the trans woman may not have a legal right to access a single-sex space for women.  However, the definition of Sex does not diminish the legal protections trans and non-binary people have under the Equality Act and exclusion may also have legal implications.

Homelessness Services 

There are many kinds of homelessness services which may be affected by the changes described above, particularly those currently described as single-sex, some of which may include:

Day services

Single-sex days or times to access the day service
Single-sex toilet/shower facilities

Night shelters

Single-sex communal sleeping facilities
Single-sex toilet/shower facilities

Accommodation services

Single sex accommodation services
Single-sex toilet/shower facilities (rooms may be en-suite in some services)
Single-sex communal areas such as kitchen/TV room
Single-sex floors/clusters

Support services

Services like Housing First or floating support service offering gendered support (e.g. domestic abuse specialists)

Activities and groups

Single-sex activities such as arts and crafting
Single sex groups such as counselling/therapy

Following the Supreme Court ruling, many organisations delivering single-sex services will be concerned with how they can continue to support trans people. It is important to note that prior to the court ruling, trans people could be excluded from single-sex spaces based on the Act’s exemption of a proportionate means of achieving a legitimate aim. For example, it could be deemed necessary to exclude trans people to achieve a valid service objective, such as to ensure that cisgender women feel safe to access refuge accommodation. The court ruling does not impact on this. However, for many services who operate inclusive policies, the question is whether trans people can be included in single-sex spaces and unfortunately, there are no risk-free routes to navigating this, for example:

Scenario one

A single-sex service makes the decision to include a trans woman, but another cisgender woman accessing that service or a cisgender woman who has made the decision to self-exclude from that service decides to pursue a claim for discrimination on the basis that the service is not single-sex.

Scenario two

A trans woman is excluded from the single-sex service and is placed into an all-male service instead, where she is treated unfairly and experiences intimidation and bullying. The trans woman could make a claim on the basis that she has suffered discrimination based on gender reassignment.

Although the above scenarios focus on the experiences of cisgender women and trans women, the same also applies to trans men. Based on the court ruling, a trans man (assigned female at birth) would also be affected in terms of the services they can access, for example a service defined as single-sex for men could exclude trans men, where a single-sex service for women could include trans men, although this may raise some concerns regarding their perceived gender in a women-only space.

Principles and Practices

To navigate the complexity of these changes and to stay true to the sector’s commitment to Equality, Diversity and Inclusion, there are several principles and practices to hold in mind.

Principles

The court ruling on the definition of Sex is not specifically about trans or non-binary people and should not lead to the exclusion of trans and/or non-binary people from services. However, it does mean that the sector may need to approach inclusion differently.
Services must consider the communities they are serving and ensure that everyone’s needs are met. All vulnerable people experiencing homelessness deserve safe and effective housing and support.
Any changes to policies and procedures should be done in line with legal advice and the EHRC’s guidance (when published).
A focus on safety, dignity and respect should be at the heart of all communication, decision-making and support.

Practices

For services currently defined as ‘single-sex’, it is possible that the court’s ruling on the definition of Sex will mean the inclusion of trans people (based on their gender identity) could lead to a claim for discrimination (as described above) and the following should be considered:

All decisions and changes should be carefully considered and robustly recorded so that there is a clear and defensible rationale should a claim for discrimination be pursued.
Be very cautious about making immediate changes to someone’s housing and support services and a robust plan should be in place to transition the person into alternative, suitable services.  Services must be available to trans and non-binary people to ensure there are no experiences of discrimination, harassment or victimisation.
Local Authority commissioning teams may need to consider the options available for providing suitable alternatives, such as spot-purchases and working closely with By and For organisations on developing additional services, where needed.
The court ruling does not prevent service providers from offering an inclusive service or space to people who live as women (or men) and services for women (or men) could be described as trans-inclusive. If a decision is made to change a service from single-sex to trans-inclusive then this should be carefully considered, co-produced where possible, and with clear communication to everyone who accesses that service.
The tensions described above can lead to a policing of someone’s sex/gender, often based on appearance, or through difficult and traumatic questions. It can also create difficulties for people who are gender non-conforming (often cisgender). It is essential that there is not an over-emphasis on the need to scrutinise or verify someone’s sex assigned at birth and that any conversations around someone’s eligibility to access a service are held privately and confidentially.
Mixed-sex services are often principally used and set-up to meet the needs of men but there are often women accessing those services and to better meet women’s needs, including trans women and non-binary people, services should consider gender-informed approaches.  In mixed-sex services everyone should have access to appropriate facilities.
It is more crucial than ever to consider trauma-informed and person-centred care for trans and non-binary people accessing services and services should work to find the best solutions for an individual’s needs.