Disclosure Log

Lawfulness of the Councils Policies in Light of the April 2025 Supreme Court Judgment (FOI/7625)

Message from the customer - 25 March 2026

Dear Freedom of Information Officer,

I write to make a request under the Freedom of Information Act 2000. This request concerns the application by Nottinghamshire County Council of the Supreme Courts judgment in For Women Scotland v Scottish Ministers (2025), which confirmed that the terms a˜womana™ and a˜sexa™ in the Equality Act 2010 refer to biological sex.

In response to a June 2025 FOI/5904 asking for aœcopies of any policies, guidelines...that set out the Councila™s approach to allowing males who identify as women (either withwithout a GRC) to use spacesservices designated as for women...a the Council said, aœNo recorded information [was] availablea. This response suggests the Council did not have any policiesguidelines that referred to people with the protected characteristic of gender reassignment and their right (or not) to access female only spaces and services.

The Councils response to FOI/6185 in August 2025 about the judgment said the Council was waiting for further guidance from the Local Government Association (LGA), that the Council was aœin close contacta with the LGA and a aœreview of its policies, guidance etca was aœunderwaya.

In short, the Council confirmed in August 2025 that it did in fact have relevant policies, had not changed them to comply with the law in light of the Supreme Court ruling, but that a review of relevant policies and guidelines was underway.

The Council expected to receive advice on the SC judgment from the LGA in September 2025. This request seeks to understand how the Council is currently operating services affected by the provisions in the Equality Act 2010 and the SC judgment and what policies and guidelines it is relying on to operate these services lawfully.

Adult Social Care

1.1 Does the Councils contractservice specification require providers to record and respect a female service users right to only be given intimate personal care by biological females, and does it make it clear that male carers (withwithout a GRC) who self-identify as females are not permitted to provide intimate personal care to females Please provide the relevant contractual provisions, policiesguidelines relied on by the council to protect women in this situation.

Council-Operated Public Buildings

2.1 For Council-operated buildings (including libraries, day centres and council offices open to the public), what policy governs who may access female-designated toiletschanging facilities Specifically, does the policy permit entry to female-designated toilets by individuals who are biologically male on the basis of a self-declared gender identitya GRC Please provide a copy of the relevant policyguidelines relied upon by the Council.

Services for Vulnerable Women

3.1 The Council commissions around £840k of womena™s refuge support services each year (FOI/5062). Please confirm whether these Council-commissioned womena™s refuge services admit biologically male service users (withwithout a GRC) who identify as women, alongside female residents and service users in female-designated services, facilities and groups. Please provide the relevant written policy and any safeguarding guidelines and equality impact assessments.

Data

4.1 Has the Council issued internal guidance on how the Council and its service providers should record the sex and gender of service users in light of the Supreme Court ruling If so, please provide it and include the definitions of a˜sexa™ and a˜gendera™ relied on by the Council.

Policy and Governance

5.1 Please confirm the date by which the Council completedexpects to have completed its review of policies affected by For Women Scotland v Scottish Ministers (2025). Please specify which policies have been reviewed and which have been updated.

5.2 Please provide a copy of the guidance received by the Council from the LGA in relation to implementation of the Supreme Court judgment.

Note on Definitions

Please interpret
 


Message from Nottinghamshire County Council - 22 April 2026

Dear Requester,
Request FOI/7625
Further to your request received on 25th March 2026, I confirm that the Council has now considered your request under the Freedom of Information Act 2000.

Questions)
I write to make a request under the Freedom of Information Act 2000 (FOIA2000). This request concerns the application by Nottinghamshire County Council of the Supreme Court’s judgment in For Women Scotland v Scottish Ministers (2025), which confirmed that the terms woman and sex in the Equality Act 2010 refer to biological sex.

In response to a June 2025 FOI/5904 asking for copies of any policies, guidelines that set out the Council approach to allowing males who identify as women (either with or without a GRC) to use spaces services designated as for women the Council said, no recorded information [was] available. This response suggests the Council did not have any policies guidelines that referred to people with the protected characteristic of gender reassignment and their right (or not) to access female only spaces and services.

The Councils response to FOI/6185 in August 2025 about the judgment said the Council was waiting for further guidance from the Local Government Association (LGA), that the Council was in close contact with the LGA and a review of its policies, guidance etc was underway.

In short, the Council confirmed in August 2025 that it did in fact have relevant policies, had not changed them to comply with the law in light of the Supreme Court ruling, but that a review of relevant policies and guidelines was underway.

The Council expected to receive advice on the SC judgment from the LGA in September 2025. This request seeks to understand how the Council is currently operating services affected by the provisions in the Equality Act 2010 and the SC judgment and what policies and guidelines it is relying on to operate these services lawfully.

Adult Social Care
1.1 Does the Councils contract service specification require providers to record and respect a female service user right to only be given intimate personal care by biological females, and does it make it clear that male carers (with or without a GRC) who self-identify as females are not permitted to provide intimate personal care to females Please provide the relevant contractual provisions, policies guidelines relied on by the council to protect women in this situation.


Council-Operated Public Buildings
2.1 For Council-operated buildings (including libraries, day centres and council offices open to the public), what policy governs who may access female-designated toilets changing facilities Specifically, does the policy permit entry to female-designated toilets by individuals who are biologically male on the basis of a self-declared gender identity GRC Please provide a copy of the relevant policy guidelines relied upon by the Council.
Services for Vulnerable Women & Children
3.1 The Council commissions around £840k of women’s refuge support services each year (FOI/5062). Please confirm whether these Council-commissioned women’s refuge services admit biologically male service users (with or without a GRC) who identify as women, alongside female residents and service users in female-designated services, facilities and groups. Please provide the relevant written policy and any safeguarding guidelines and equality impact assessments.
Data
4.1 Has the Council issued internal guidance on how the Council and its service providers should record the sex and gender of service users in light of the Supreme Court ruling If so, please provide it and include the definitions of sex and gender relied on by the Council.
Policy and Governance
5.1 Please confirm the date by which the Council completed expects to have completed its review of policies affected by For Women Scotland v Scottish Ministers (2025). Please specify which policies have been reviewed and which have been updated.
 
5.2 Please provide a copy of the guidance received by the Council from the LGA in relation to implementation of the Supreme Court judgment.

Answers)
The Council recognises the provisions and terminology of the Equality Act 2010, its interaction with the Gender Recognition Act 2004 and the implications of relevant case law, including the judgment in For Women Scotland v Scottish Ministers (2025). The Council continues to review its policies and practices to ensure compliance with applicable legislation and guidance. Where appropriate, this includes consideration of guidance from sector bodies such as the Local Government Association.

Adult Social Care
1.1 The Council does not hold a single, standalone contractual provision or policy that explicitly sets out the position described in your request in the terms specified.

However, commissioned Adult Social Care services are required to operate in accordance with:
  • The Care Act 2014
  • The Equality Act 2010
  • Relevant safeguarding duties and Care Quality Commission (CQC) regulatory standards
Service specifications and contracts require providers to deliver person-centred care, including respecting dignity, privacy, and individual preferences (which may include preferences regarding the gender of care staff for intimate care).

These requirements are generally framed in terms of dignity, safety, and personalised care rather than prescriptive rules relating to biological sex. No further recorded information is held that specifies the position in the exact terms outlined in your request. 

Council-Operated Public Buildings
2.1 The Council does not hold a single corporate policy that specifically governs access to female-designated toilets and changing facilities in the detailed terms requested.
 
Access to facilities is managed in line with general equality, inclusion, and health and safety policies, with overarching compliance with the Equality Act 2010.
As at the date of your request, a review of relevant policies and guidance is ongoing in light of recent legal developments. No further recorded information is held that directly addresses the specific scenario described.
 
Services for Vulnerable Women & Children
3.1 The Council has considered the provisions and terminology of the Equality Act 2010 and its interaction with the Gender Recognition Act 2004 in relation to single sex spaces and impacts on the services for vulnerable women and children.
 
The Council commissions services from independent providers. Commissioned services are expected to support all residents and have systems in place to ensure that all people are supported in settings that are appropriate to their needs in a lawful manner. 
The commissioned providers are required to operate within:
  • Contractual safeguarding requirements
  • The Equality Act 2010
  • Relevant regulatory and best practice frameworks
The Council does not centrally hold a single policy document that specifies, in the      terms outlined in your request, admission criteria for all commissioned refuge services.
Admission policies and operational decisions are typically determined by individual providers within the framework of their contractual obligations and safeguarding responsibilities.

The Council does not hold consolidated recorded information confirming the position across all commissioned services in the format requested.

Data
4.1 As at the date of your request, the Council has not issued a single, consolidated piece of internal guidance specifically addressing the recording of sex and gender in response to the Supreme Court judgment referenced.
Data recording practices are governed by existing data standards, statutory returns, and system requirements, which may distinguish between sex and gender where required.
A review of data-related guidance will be considered as part of the broader policy review process. No additional recorded information is held within the scope of your request.
 
Policy and Governance
5.1 The Council is awaiting further guidance and, on that basis, will commence a review of relevant policies following the Supreme Court judgment dependent on what the guidance says. 
At the time of your request:
  • A definitive completion date has not been finalised
  • Individual service areas, once guidance is issued, will review policies as part of a phased approach should the guidance require 
No single consolidated list of all affected policies is held in recorded form.

5.2 The Council engages with sector bodies including the Local Government Association.
 
Any guidance received is not held as a formal standalone document in all cases and may form part of ongoing communications, briefings, or advisory materials.

To the extent that such information is held, it may be subject to exemption under Section 21 (information accessible by other means) or Section 36 (prejudice to the effective conduct of public affairs) of the Freedom of Information Act 2000. If you would like us to consider a more specific request for recorded documents, please let us know.

Additional Information
The Council confirms that this response reflects recorded information held at the time of your request. The Council is continuing to review its policies and guidance to ensure alignment with evolving legal and sector guidance.

We hope you find this information useful.
The Council publishes Access to Information requests and responses on its online Disclosure Log. Only requests deemed to be in the public interest will be included and any request included within this log will be de-personalised accordingly.
To view the Council’s Disclosure Log, please visit our website.
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https://www.nottinghamshire.gov.uk/media/4323566/informationgovernanceandinformationrightsprivacynotice.pdf
 
If you are dissatisfied with the handling of your request, you have the right to ask for an internal review.   Requests should be submitted within 40 working days of the date of receipt of the response to your original request and should be addressed to: Complaints and Information Team, Nottinghamshire County Council, County Hall, Loughborough Road, West Bridgford, NOTTINGHAM, NG2 7QP or [email protected].
 
Please remember to quote the reference number above in any future communications.
 
If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision.  The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, WILMSLOW, SK9 5AF or https://ico.org.uk/make-a-complaint/foi-and-eir-complaints/.

Yours sincerely



Freedom of Information
Complaints and Information Team
Chief Executives Department                                         
Nottinghamshire County Council
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