The EHRC don’t want your views; TransActual are challenging Government Ministers to do better!

From the very beginning, the EHRC sought to minimise and disregard input from trans people into the consultation on guidance following the Supreme Court ruling in April. 

First it tried to set a derisory two-week period in which we could have our say on this huge change.

It refused to hear commentary on their legal position, only on the “clarity” (that word again!) of their phrasing.

Then it decided to put the job of reading at least half of the submissions out to AI.

In May 2025, the EHRC opened a public consultation on updates to their Code of Practice for Services, Public Functions and Associations, following the UK Supreme Court ruling on the definition of “sex” in the Equality Act 2010.

After announcing effective “bathroom bans” within 24 hours of the ruling, the EHRC proposed a mere 2-week consultation on a new Code (!). It claimed  that the “range of affected stakeholders was likely to be narrower” than for previous consultations (!!). It added that it had already “undertaken extensive stakeholder engagement on the definition of ‘sex’ in the Equality Act” (!!!). 

When pressed by MPs (including the Joint Committee on Human Rights and the Women and Equalities Committee), the EHRC reluctantly extended their consultation to six weeks.

They agreed to hold stakeholder “Q&A sessions.” These, it turned out, did not feed into the consultation.

Then it flip-flopped wildly on whether or not it would accept feedback on its legal position. 

When ultimately deluged with over 50,000 submissions, in a panic, the EHRC turned to AI, without informing or seeking permission from any respondents. All while facing a major legal challenge from the Good Law Project.

What a joke!

Luckily, TransActual anticipated this – because we’ve been tracking the EHRC’s active role in destroying trans rights over the last five years.

We had no faith at all that the EHRC would conduct this consultation professionally, fairly or transparently. We therefore asked individuals and organisations to send us copies of their consultation responses.

A weighty submission to the Equality Ministers

With help from our friends at Trans Advocacy and Complaints Collective (TACC), the result was a massive ten-volume, 2,800 page dossier. 

Though even this was just…

The 375 responses that make up this dossier represent just 0.73% of the total 51,599 (English-language) submissions received by the EHRC.

Far from finding “clarity”, and far from simply rolling over and accepting the EHRC’s brutal erosion of rights, vast swathes of the UK public are confused, concerned and angry. 

We thank each and every individual and organisation who took the time to submit to the EHRC and share a copy with us.

A number of people completed the EHRC survey, but did not automatically receive a copy upon submission (since the survey did not produce one). Sadly, TransActual were therefore not able to include copies of their submissions in this dossier, but we remain hugely grateful for their engagement.

Our voices must be heard

Trans ally carrying ten volumes of evidence for the Equality Ministers
Trans ally weighed down by the evidence

The dossier we compiled gives direct insight into our community’s outrage, hurt and horror at the exclusionary and segregationist policies being imposed, and record in black and white individuals’ and organisations’ painstaking critiques of the EHRC’s horrendous new Code of Practice.

We have sent this 10-volume dossier directly to Nia Griffith and Bridget Phillipson (Ministers for Women and Equalities), who will be responsible for approving any new Code from the EHRC, prior to it being laid in Parliament. 

You can read our cover letter to the Ministers here.

We have further plans for this dossier of submissions, including placing a copy in the UK’s National Archives – watch this space.

For now, with your help, the fight goes on.  

And if you would like to add your voice to the demand that trans people be heard through this process, please write to either Minister asking them to confirm they are going to look at the dossier they have now received.

Meanwhile…

We have also compiled two hard-hitting reports based on what trans people have already told us about how the guidance is impacting them already.

Read these reports here:

Trans Segregation in Practice
A Community in Fear

Last updated:

Skip to content