Question

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 on 16 April, what guidance they will issue to (1) the Office for National Statistics, (2) the Office for Statistics Regulations, and (3) the Government Statistical Service, to ensure that they reflect the decision of the Supreme Court.

Answered by Baroness Smith of Malvern - Minister of State (Minister for Women and Equalities)

The Supreme Court’s ruling has brought clarity for women and single-sex service providers.

The Equality and Human Rights Commission has already committed to support service providers with updated guidance; we will engage them as necessary as they progress this work. All government departments should follow the ruling.

Question

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 on 16 April, what plans they have to include the biological sex of civil servants in reports about those employed by the Cabinet Office and its agencies and public bodies.

Answered by Baroness Smith of Malvern - Minister of State (Minister for Women and Equalities)

The Supreme Court’s ruling has brought clarity for women and single-sex service providers.

The Equality and Human Rights Commission has already committed to support service providers with updated guidance; we will engage them as necessary as they progress this work. All government departments should follow the ruling.

Question

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 on 16 April, what guidance they will issue about the use of pronouns in email signatures.

Answered by Baroness Smith of Malvern - Minister of State (Minister for Women and Equalities)

The Supreme Court’s ruling has brought clarity for women and single-sex service providers.

The Equality and Human Rights Commission has already committed to support service providers with updated guidance; we will engage them as necessary as they progress this work. All government departments should follow the ruling.

Question to the Cabinet Office:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 on 16 April, what plans they have to review training and awareness courses about biological sex across departments.

Answered by Baroness Anderson of Stoke-on-Trent - Baroness in Waiting (HM Household) (Whip)

We will review and update policy wherever necessary to ensure it complies with the latest legal requirements.

Question to the Cabinet Office:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 on 16 April, whether they will review Census 2021 data and publish data based on male and female biological sex.

Answered by Baroness Anderson of Stoke-on-Trent - Baroness in Waiting (HM Household) (Whip)

The information requested falls under the remit of the UK Statistics Authority.

Please see the letter attached from the National Statistician and Chief Executive of the UK Statistics Authority.

Professor Sir Ian Diamond | National Statistician

The Rt Hon. the Lord Blencathra

House of Lords

London

SW1A 0PW

1 May 2025

Dear Lord Blencathra,

As National Statistician and Chief Executive of the UK Statistics Authority, I am responding to your Parliamentary Question asking, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 on 16 April, whether Census 2021 data will be reviewed and published based on male and female biological sex (HL6931).

Sex is a core demographic variable of fundamental importance for a range of census users providing vital information for national and local population statistics. In Census 2021 for England and Wales, as in all previous censuses, a binary sex question asked whether respondents were female or male. Supporting online guidance for this question from 9 March 2021 onwards stated, "If you are considering how to answer, use the sex recorded on your birth certificate or Gender Recognition Certificate.” This was changed on 9 March from guidance based on legal documents, following a court order[1].

The sex variable in Census 2021 data is based on the sex recorded by the person completing the sex question[2]. We cannot retrospectively change the basis on which those data were collected and defined, nor would it be possible to accurately derive a new ‘biological sex’ variable based on responses to one or more Census 2021 questions.

The Government Statistical Service (GSS) is currently prioritising work to develop new harmonised standards for data on sex and on gender identity. This will include providing guidance for official statistics producers on definitions, survey questions, suggested presentations, and information for data users. The new standards will be developed through rigorous research and testing with a range of users. It will also include learnings from the experience of other countries and their census data collections, as well as from the independent report published by the Department of Science Innovation and Technology, the Review of data, statistics and research on sex and gender[3]. This work will also take account of any relevant guidance issued by the UK Government following the Supreme Court ruling of 16 April.

Yours sincerely,

Professor Sir Ian Diamond

[1]https://www.ons.gov.uk/news/statementsandletters/updatedstatementoncensus2021sexquestionguidance

[2]https://www.ons.gov.uk/census/census2021dictionary/variablesbytopic/demographyvariablescensus2021/sex

[3]https://www.gov.uk/government/publications/independent-review-of-data-statistics-and-research-on-sex-and-gender

Question to the Ministry of Justice:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 on 16 April, whether prisoners of male biological sex will be removed from prison units allocated to prisoners of female biological sex.

Answered by Lord Timpson - Minister of State (Ministry of Justice)

This Government inherited the policy regarding allocation of transgender prisoners from the previous Government and has not moved any transgender women into the women’s estate since taking office.

Following the Supreme Court ruling in the For Women Scotland case, the Lord Chancellor has commissioned a review of transgender prisoner allocation policy.

Question

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 on 16 April, whether they will drop departmental diversity and inclusion policies and retain only equality policies.

Answered by Baroness Anderson of Stoke-on-Trent - Baroness in Waiting (HM Household) (Whip)

Departments are individually responsible for their policies. Departments, including the Cabinet Office, will review and update policy wherever necessary to ensure it complies with the latest legal requirements.

Question

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 on 16 April, whether they will lay before Parliament a report setting out the changes made in Government departments and agencies in response to the decision within six months.

Answered by Baroness Smith of Malvern - Minister of State (Minister for Women and Equalities)

The Supreme Court’s ruling has brought clarity and confidence for women and single-sex service providers. The Equality and Human Rights Commission has announced that they will be updating their Code of Practice; we will engage them as necessary as they progress this work. All government departments should follow the ruling. We currently have no plans to lay a report of this kind.

Question to the Cabinet Office:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 on 16 April, whether they will publish a report on civil servants who have been disciplined or forced to leave for expressing gender critical views; whether they will implement a compensation scheme for those civil servants; and what action they will take in relation to those who authorised the disciplinary action against staff who expressed gender critical views.

Answered by Baroness Anderson of Stoke-on-Trent - Baroness in Waiting (HM Household) (Whip)

The Civil Service is committed to creating a safe and supportive work environment for all its employees and will not tolerate any form of harassment, unacceptable behaviour or abuse by any party, towards any employee.

Departments have their own policies and guidance on dealing with any such behaviour. We do not hold central data on the reasons for discipline action or dismissals following disciplinary action.

Question to the Cabinet Office:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 on 16 April, whether they will consult Ben Cooper KC and David Welsh in the re-writing of any Cabinet Office guidance.

Answered by Baroness Anderson of Stoke-on-Trent - Baroness in Waiting (HM Household) (Whip)

We will review and update policy wherever necessary to ensure it complies with the latest legal requirements.

We will consult with our Government Legal Department and Kings Counsel Lawyers who specialise in employment law.

Question to the Ministry of Justice:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 on 16 April, what guidance they will issue to ensure that prisoners of female biological sex are not searched by prisoner officers of male biological sex.

Answered by Lord Timpson - Minister of State (Ministry of Justice)

The Supreme Court ruling made it clear that the provision of single-sex spaces is on the basis of biological sex. Providers and Government Departments should note and follow the ruling.

This Government inherited the policy regarding allocation of transgender prisoners from the previous Government and have not moved any transgender women into the women’s estate since taking office.

Following the Supreme Court ruling in the For Women Scotland case, the Lord Chancellor has commissioned a review of transgender prisoner allocation policy.

The Government is considering the implications of the Court’s judgment and policies, including searching in the prison estate, are under review.

Question to the Ministry of Justice:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, what plans they have to include the biological sex of civil servants in reports about those employed by the Ministry of Justice and its agencies and public bodies.

Answered by Lord Ponsonby of Shulbrede - Lord in Waiting (HM Household) (Whip)

The Supreme Court ruling made it clear that the provision of single-sex spaces is on the basis of biological sex. Providers and Government Departments should note and follow the ruling.

The Government is considering the implications of the Court’s judgment.

The Government publishes annual statistics on the UK Civil Service workforce, including reporting on sex. The statistics can be found here: Statistical bulletin - Civil Service Statistics: 2024 - GOV.UK.

Question to the Department of Health and Social Care:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, what plans they have to include the biological sex of civil servants in reports about those employed by the Department of Health and Social Care and its agencies and public bodies.

Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)

The Department, like all other Government departments (OGDs) and public bodies, has a Public Sector Duty to ensure equality of opportunity, including when reporting on sex. This means the Department will continue to consider the impact of its policies and decisions on all people with protected characteristics. The Department will continue to include the biological sex of civil servants in reports about those employed by the Department and its agencies and public bodies.

Question to the Department of Health and Social Care:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, what plans they have to issue guidance to NHS staff regarding patient requests to be placed on a ward with other patients of the same sex; and whether staff who report patients with those requests will face disciplinary action.

Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)

We have always supported the protection of single-sex spaces based on biological sex. The Supreme Court’s ruling about the meaning of ‘sex’ in the Equality Act 2010 has provided clarity to service providers.

My Rt Hon. Friend, the Secretary of State for Health and Social Care has already committed to publishing guidance about placing transgender patients on hospital wards in the summer.

The National Health Service is reviewing its Delivering same-sex accommodation guidance and will ensure it reflects the Supreme Court’s ruling and is aligned with the Equality and Human Rights Commission’s statutory guidance, when this becomes available.

Question to the Department of Health and Social Care:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, whether they will issue guidance to ensure that NHS staff who refer to another person by the pronoun of their biological sex do not face disciplinary action.

Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)

It is the responsibility of National Health Service employers to determine their own policies for staff, in accordance with their legal obligations. We expect NHS providers to follow the clarity that the Supreme Court’s ruling brings.

Question to the Department of Health and Social Care:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, whether they will issue guidance to hospital trusts to ensure patients of male biological sex are not placed in wards or facilities used by patients of female biological sex, except in emergencies; and whether they will publish this guidance within six weeks.

Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)

We have always supported the protection of single-sex spaces based on biological sex.

The Supreme Court ruling about the meaning of ‘sex’ in the Equality Act 2010 case has provided much needed confidence and clarity to service providers.

My Rt Hon. Friend, the Secretary of State for Health and Social Care has already committed to publishing guidance about placing transgender patients on hospital wards in the summer.

The National Health Service is currently reviewing its Delivering same-sex accommodation guidance and will ensure it reflects the Supreme Court’s ruling and is aligned with the Equality and Human Rights Commission’s statutory guidance, when this becomes available.

Question

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 on 16 April, whether they plan to issue guidance to public bodies to ensure that application forms for appointments to public bodies ask for biological sex rather than gender.

Answered by Baroness Anderson of Stoke-on-Trent - Baroness in Waiting (HM Household) (Whip)

We will review and update policy and guidance wherever necessary to ensure it complies with the latest legal requirements.

Question to the Department of Health and Social Care:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, what guidance they will issue to (1) the Department of Health and Social Care, and (2) agencies and public bodies that work with the Department, about updating their policies and written guidance; whether they will consult the organisation Sex Matters in doing so; and whether the revised policies and written guidance will be laid before Parliament.

Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)

The Supreme Court ruling about the meaning of ‘sex’ in the Equality Act 2010 case has provided much needed confidence and clarity to service providers. We expect all providers to follow the clarity this ruling provides.

The Equality and Human Rights Commission is currently reviewing sections of the draft Code of Practice which need updating. They will shortly undertake a public consultation to understand how the practical implications of this judgment may be best reflected in the updated guidance, which will be seeking views from affected stakeholders.

Question to the Department of Health and Social Care:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, what plans they have to issue guidance to (1) royal medical colleges, (2) healthcare professional organisations, and (3) other stakeholders that interact with the department, about implementing the Supreme Court ruling.

Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)

The Supreme Court ruling about the meaning of ‘sex’ in the Equality Act 2010 case has provided much needed confidence and clarity to service providers. We expect all providers to follow the clarity this ruling provides.

The Equality and Human Rights Commission is currently reviewing sections of the draft Code of Practice which need updating. They will shortly undertake a public consultation to understand how the practical implications of this judgment may be best reflected in the updated guidance, which will be seeking views from affected stakeholders.

Question to the Department of Health and Social Care:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, what plans they have to ensure that NHS services offered to people of the female biological sex are provided by staff of female biological sex; and whether they will issue guidance about the rights of patients to request a staff member of the same biological sex.

Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)

The Supreme Court ruling about the meaning of ‘sex’ in the Equality Act 2010 case has provided much needed confidence and clarity to service providers. We expect all providers to follow the clarity this ruling provides.

National Health Services are patient centred, and the NHS Constitution is clear that patients have the right to receive care and treatment that is appropriate to them, meets their needs, and reflects their preferences.

Patients are able to request that intimate care is provided by someone of the same sex. This is recognised through the accompanying Care Quality Commission statutory guidance to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. In line with this guidance, we expect that providers will make every reasonable effort to respect patient preferences.

Question to the Ministry of Justice:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 on 16 April, what guidance they will issue to (1) the Ministry of Justice, and (2) agencies and public bodies that work with the Ministry of Justice, about updating their policies and written guidance; whether they will consult the organisation Sex Matters in doing so; and whether the revised policies and written guidance will be laid before Parliament.

Answered by Lord Ponsonby of Shulbrede - Lord in Waiting (HM Household) (Whip)

The Supreme Court ruling made it clear that the provision of single-sex spaces is on the basis of biological sex. Providers and Government Departments should note and follow the ruling.

It is important that we ensure dignity and respect for all. Trans people should have access to services they need but in keeping with the ruling.

The Government is considering the implications of the Court’s judgment, including what this means for Government buildings.

Question to the Ministry of Justice:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 on 16 April, whether they will ask the Victims' Commissioner to report on the implementation of the decision by the Supreme Court in regard to victims within six months.

Answered by Lord Ponsonby of Shulbrede - Lord in Waiting (HM Household) (Whip)

The Supreme Court ruling has provided clarity for women and service providers that the provision of single-sex spaces is on the basis of biological sex. The Government is currently considering the implications of the Court’s judgment.

Question to the Ministry of Justice:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 on 16 April, whether they plan to issue guidance to ensure that judges and magistrates refer to all parties in courts and tribunals by their biological sex.

Answered by Lord Ponsonby of Shulbrede - Lord in Waiting (HM Household) (Whip)

To preserve judicial independence, statutory responsibility for the guidance and training of the judiciary is held by the Lady Chief Justice, Senior President of Tribunals and Chief Coroner, under the Constitutional Reform Act 2005, Courts and Enforcement Act 2007, and Coroners and Justice Act 2009 respectively. These responsibilities are exercised through the Judicial College. It is not constitutionally appropriate for the Government to issue guidance to the judiciary.

How judges refer to people in court is a matter for the judiciary and should be done in accordance with the Equal Treatment Bench Book. Judicial College will publish the next update to the Book in the summer. It is published online at the following link: https://www.judiciary.uk/about-the-judiciary/diversity/equal-treatment-bench-book/.

Question to the Ministry of Justice:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 on 16 April, whether they plan to issue guidance to ensure that all people who appear in courts in England, including defendants, victims and witnesses, are referred to by their biological sex, and that records of convictions state the biological sex of convicts.

Answered by Lord Ponsonby of Shulbrede - Lord in Waiting (HM Household) (Whip)

The Supreme Court ruling made it clear that the provision of single-sex spaces is on the basis of biological sex. Providers and Government Departments should note and follow the ruling.

It is important that we ensure dignity and respect for all. Trans people should have access to the services they need, in keeping with the ruling.

The Government is considering the implications of the Court’s judgment, including what this means for courts and other government buildings. How court proceedings will be dealt with under the Court’s ruling will be a matter for the judiciary.

Question to the Ministry of Justice:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 on 16 April, what plans they have to establish dedicated spaces in court buildings for people of the female biological sex, including judges, magistrates, court staff, victims and members of the public.

Answered by Lord Ponsonby of Shulbrede - Lord in Waiting (HM Household) (Whip)

The Supreme Court ruling made it clear that the provision of single-sex spaces is on the basis of biological sex. Providers and Government Departments should note and follow the ruling.

It is important that we ensure dignity and respect for all. Trans people should have access to the services they need, in keeping with the ruling.

The Government is considering the implications of the Court’s judgment, including what this means for courts and other government buildings. How court proceedings will be dealt with under the Court’s ruling will be a matter for the judiciary.

Question to the Home Office:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 on 16 April, whether they plan to review records of convictions since 2010 in which biological male offenders have been recorded as female.

Answered by Lord Hanson of Flint - Minister of State (Home Office)

I refer the Noble Lord to the answer provided to PQ UIN 45760 on 2 May 2025.

Question to the Department of Health and Social Care:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, whether they will review any cases where a patient of the female biological sex claimed that they were assaulted or raped by a person of male biological sex and the NHS Trust denied males were present based on the gender rather than the biological sex of the alleged assailant.

Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)

The Department cannot comment on individual cases. Due to the nature of the claims set out, the Department would expect that a police investigation would have been necessitated. As such, this would be a matter for the police and the individual National Health Service trusts to consider, where relevant.

Question to the Department of Health and Social Care:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, what plans they have to include biological sex of patients on medical records.

Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)

The Department is committed to accurately recording biological sex, not just for research and insight, but also for patient safety. We have already acted on this point. On 20 March 2025, the Secretary of State for Health and Social Care (Wes Streeting MP) instructed the National Health Service to immediately suspend applications for NHS number changes for children under 18 years old to safeguard them. It was completely wrong that children's NHS numbers can be changed if they change gender; children's safety must come first.