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Baroness Kishwer Falkner, Chairwoman of the Equality and Human Rights Commission, recently said:

"We are pleased with the court's decision to refuse permission for this judicial review. We believe our approach has been fair and appropriate throughout. The EHRC has a clear statutory duty to provide authoritative guidance on the law following the Supreme Court's decision in the For Women Scotland case, and we're grateful that the judge has allowed us to proceed with doing so promptly.

"Our six-week consultation period represents a balance between gathering comprehensive stakeholder input and addressing the urgent need for clarity. We're particularly encouraged by the thousands of consultation responses already received and look forward to further meaningful engagement through the rest of the process.

"The current climate of legal uncertainty and widespread misinformation serves nobody - particularly those with protected characteristics who rightly expect clarity about their rights. A swift resolution to this uncertainty will benefit everyone, including trans people.

"The EHRC now looks forward to delivering the code of practice efficiently, fulfilling our statutory role in providing clear guidance that protects everyone's rights under the Equality Act 2010. There's still time to contribute to the consultation - we strongly encourage those who haven't already responded to share their views before the 30 June deadline. After this, we will thoroughly analyse all submissions to ensure the code accurately reflects the law as clarified by the Supreme Court."

Background:

• The EHRC's consultation on draft updates to the Code of Practice for services, public functions and associations is open until 30 June 2025. All interested individuals and organisations are encouraged to submit their response before this deadline.

Related information

• Code of practice for services, public functions and associations: consultation 2025