Welsh Government warned it will face legal action if it fails to keep women’s spaces and services for biological women only

Martin Shipton

A gender critical women’s rights group has warned the Welsh Government to implement guidance that reserves women’s spaces and services for biological women or face the threat of legal action.

The warning from Women’s Rights Network (WRN) Wales follows a Supreme Court ruling that made it clear that references to women in the Equality Act 2010 refer to biological women and not to biological males who identify as female.

The ruling was followed by guidance issued by the Equality and Human Rights Commission (EHRC) that restricts access to single-sex spaces like toilets and changing rooms to biological women and excludes biological males from participating in women’s sports teams. Equality law is not devolved to Wales and this week the UK Government’s Education Secretary Bridget Phillipson made it clear that schools in England would be following the EHRC guidance.

As a party, Plaid Cymru supports trans rights, including the right of trans women to have access to women’s spaces and services. All of its candidates in the recent Senedd election were expected to support the party’s position, despite the Supreme Court ruling.

When Nation.Cymru asked the Welsh Government whether it would be following the EHRC guidance, a spokesperson said: “We are currently examining the draft Code to assess the implications for the Welsh Government.”

But Cathy Larkman of Women’s Rights Network (WRN) Wales said: “The Welsh Government does not need to ‘examine’ the Code of Practice. The law is the law and it has been clear for years. The Supreme Court’s unanimous judgment in April 2025 removed any remaining ambiguity beyond doubt.

“Furthermore, the Welsh Government was consulted during the development of this very guidance in 2025. They have had every opportunity to engage with both the legal framework and its practical implications. That they now claim to be still ‘assessing’ it is simply not credible.

“Women’s spaces and services are for women. They must not include men, regardless of how those men may choose to identify.

“What is now urgently required is clear, unequivocal leadership from the Welsh Government to the many service providers and duty-bearers – including NHS boards – that remain in breach of the law by permitting men access to women’s spaces and services. Every day of further delay compounds the legal exposure of those organisations and brings them closer to the prospect of legal actions they would be unable to defend.

“WRN Wales made repeated offers of assistance to First Minister Rhun ap Iorwerth and Plaid Cymru to help them understand the implications of the Supreme Court judgment. We arranged a dedicated event at the Senedd, with expert legal speakers and a representative of For Women Scotland – the group that brought the landmark case. Not one of those invitations was taken up by them. The First Minister’s party now finds itself on the back foot as a direct consequence.

“We know through polls and public opinion that the overwhelming majority of the public agree with the importance of single sex spaces and services. We suggest that instead of further inexcusable delay, that the Welsh Government dispense with futile attempts to appease trans activists and get on with implementing the law instead, and focus their efforts on sorting out cost of living issues, NHS waiting lists and improving educational attainment in Wales.

“WRN Wales remains ready to assist the First Minister and his team in understanding the law and bringing unlawful policies into compliance. We urge them not to waste any further time.”

Schools

Meanwhile Welsh Conservative MS Sam Rowlands has written to Anna Brychan, the Cabinet Secretary for Education, asking her whether the Welsh Government intends to implement the EHRC guidance in Welsh schools.

He states in his letter: “As you will be aware, the Equality Act applies in Wales, and schools across Wales will now be seeking clarity regarding how this guidance should be implemented in practice, particularly in relation to matters such as single-sex spaces, safeguarding, changing facilities, sports participation, and the protection of all pupils within the school environment.

“Given the understandable uncertainty that currently exists amongst teachers, governors and parents, could you clarify whether the Welsh Government intends to implement the EHRC guidance within Welsh schools and, if so, what timetable do you envisage for doing so?

In particular, it would be helpful to know:

* Whether updated guidance will be issued to schools in Wales;

* Whether schools will be expected to amend existing policies;

* What advice will be given to headteachers regarding safeguarding and compliance with the Equality Act; and

* Whether the Welsh Government intends to diverge in any way from the approach set out by the EHRC.

“Schools and parents alike require clear and consistent guidance to ensure that the rights, dignity and safety of all pupils are properly respected.”