Several London councils have committed to keeping services trans inclusive, despite new guidance from the Equality and Human Rights Commission (EHRC). Leaders of six boroughs, including Lambeth, Hackney, Haringey, Lewisham, Southwark and Waltham Forest, issued a joint statement on Wednesday, August 5, the same day the new Code of Practice came into effect.

The EHRC’s guidance states that public single-sex spaces should be segregated based on biological sex, forcing trans people to either use gender-neutral facilities or those that do not align with their identity. Affecting England, Scotland and Wales, the changes are expected to impact over 13,000 toilets and 5,000 changing rooms in places like gyms, restaurants, hospitals and more. This comes after the UK Supreme Court ruled that the legal definition of ‘sex’ under the Equality Act 2010 is “binary” and refers to biological sex.

In response to the new guidance, the councils met at the London LGBTQ+ Centre on Wednesday morning to discuss joint action to ensure they continue delivering inclusive services. In an open letter to Women and Equalities Minister Bridget Phillipson, they wrote, “We say this to you in no uncertain terms: Trans women are women, trans men are men, and non-binary identities are fundamentally valid.”

They added that “it is simply unacceptable” that the Code of Practice “is harmful to the rights of trans people and will make their exclusion from public life more likely”. 

“This will feel like an attack to the countless trans people in our communities who are simply trying to live their lives in safety and wish to be treated with respect.”

Together, the councils serve over 1.7 million in London, with significant trans and non-binary populations. With this in mind, they wrote, “We are committed to being safe, welcoming and inclusive places for all residents, regardless of their background or identity. We have an unshakeable commitment to ensuring that Trans+ residents can access services safely, with dignity and free from discrimination or harassment.”

Furthermore, they called on Ms Phillipson to: Confirm that the Code of Practice cannot be used to exclude trans people from services, and must be used to create inclusive services for diverse communities; introduce legislation which protects trans and non-binary rights, to ensure that they can participate fully in public life and access services safely and with dignity; and create an equalities framework that protects trans people’s safety, dignity and humanity.

“We stand in solidarity with trans people, an already marginalised community subject to increasing discrimination. This government claims it is standing up for equality. That can never be the case while the rights of trans people are treated as an afterthought,” the councils concluded.