Supreme Court Gender Ruling
Gender Recognition Certificate (GRC)
In the UK, individuals can only apply for a GRC from the age of 18. Since school pupils are under this threshold, their legal sex and biological sex remain aligned. Therefore, there is no ambiguity about how their sex is recognised in law: it is their sex at birth, regardless of any social transition or intention to apply for a GRC in the future. This distinction means that schools can now apply the law with greater clarity, particularly in contexts where sex-specific provision is required.
Following the ruling, Secretary of State for Education Bridget Phillipson appeared on BBC Radio 4 to express the government’s support. She stated that the Equality and Human Rights Commission (EHRC) would collaborate with the Department for Education to issue further statutory guidance. When asked about which toilets a trans person should use, Phillipson confirmed it should correspond to their biological sex.
On 16 April 2025, the UK Supreme Court issued a significant ruling in the case of For Women Scotland Ltd v The Scottish Ministers, clarifying that the term "sex" in the Equality Act 2010 refers specifically to biological sex, rather than the legal gender listed on a Gender Recognition Certificate (GRC).
This decision resolves long-standing legal ambiguity regarding whether an individual who has changed their legal gender via a GRC should be considered to have legally changed sex for the purposes of equality law. Although the case centred on gender representation in Scottish public sector board appointments, the ramifications extend throughout England, Scotland, and Wales, particularly affecting schools subject to the Equality Act.
Implications of the ruling
Practically, schools will see several implications. Toilet and changing facilities, which must be provided separately for boys and girls over the age of eight, are now clearly defined by biological sex. Inclusion of trans pupils in opposite-sex spaces must be approached with caution and documented carefully. Similarly, competitive sports, especially those based on physical strength or contact, can be organised based on biological sex. Initiatives aimed at promoting opportunities for one sex—such as STEM clubs for girls—must also use biological sex as their basis. Single-sex school admissions and staff roles that involve intimate care or boarding responsibilities can now lawfully consider sex at birth in their criteria.
However, the ruling does not state that trans pupils must be excluded in all situations. It allows schools to make lawful decisions that reflect their unique contexts. Any decision to include a trans pupil in a sex-specific space must be clearly documented, necessary, and justifiable. This nuanced approach ensures that the legal definition of “sex” does not undermine the broader duties under equality law, including protection from discrimination.
Putting the ruling into practice
Edapt, an organisation that supports school leaders with legal guidance stresses that if a school decides to include a trans pupil in a single-sex space, that decision must be carefully justified and should not compromise the lawful status of that space. In law, schools may exclude pupils of the opposite biological sex from these areas without needing to conduct a new proportionality assessment for each case. Nevertheless, discretion, context, and thoughtful decision-making are essential, and schools are advised to await further government guidance.
This ruling shifts the legal landscape. Schools and other public institutions now have clearer authority to differentiate on the basis of biological sex when it comes to single-sex spaces, sports, and similar activities. The emphasis in law returns to protecting the rights of boys and girls as biological categories. Importantly, trans pupils still benefit from protection under the Equality Act’s characteristic of gender reassignment, meaning they must not be harassed or unfairly excluded. But schools no longer need to interpret “sex” in a way that stretches beyond biological definitions to achieve inclusion.
Equality law
Crucially, the Equality Act still applies. Once a space is designated as single-sex under Schedule 3, it can legally be restricted to pupils of the same biological sex. Such restriction is permitted without requiring an additional test of proportionality. However, if a school chooses to include a trans pupil in that space, it must be able to justify that inclusion, demonstrating that it does not undermine the legal integrity of the provision.
The ruling gives schools legal clarity but does not mandate automatic exclusion. If a school includes a trans pupil in a single-sex facility, it must ensure that the reasoning is transparent, legally sound, and sensitive to all pupils’ rights and dignity. For example, in cases involving safeguarding, privacy, or the use of intimate spaces, exclusion based on biological sex may be justified more easily and in a way that aligns with both safeguarding and legal duties.
Response
In response, schools should begin by reviewing policies related to behaviour, safeguarding, uniform, sports, and equality. These should reflect the biological definition of sex as clarified in law. Staff training is essential to ensure a shared understanding of the Equality Act’s protected characteristics. Documenting decisions—especially those involving single-sex spaces or facilities—will be key. Pastoral support plans for trans pupils should continue to be developed with discretion, empathy, and legal understanding. Schools should also engage with parents and governors to foster understanding and maintain consistent, respectful communication.
Unresolved issues remain, however. Many schools lack the space or infrastructure to provide alternative facilities, and some school communities may find it difficult to reconcile legal clarity with their inclusive or religious values. Without centralised guidance, inconsistent practices and legal challenges may arise.
For schools, careful documentation and a clear framework for action will be the best defence if challenged and the most reliable guide through an evolving legal landscape
Office 27, East Moons Moat Business Centre
Oxleasow Rd, Redditch B98 0RE
Phone: 0333 207 0737
