FAW threatened with legal action for letting trans women play in female teams

Martin Shipton

The Football Association of Wales is one of 10 sports organisations to be threatened with legal action over their refusal to ban those born male from their female categories.

Former Olympic swimmer Baroness Sharron Davies and round-the-world yachtswoman Tracy Edwards have co-signed letters from the Women’s Sports Union and legal advocacy organisation ADF International, warning that litigation will follow if they continue to permit trans women to participate in female-only competitions.

The letter to the FAW and the other bodies – first seen by the Telegraph – states: “Any governing body that continues to permit biological males to compete in the female category contravenes the Equality Act 2010 as interpreted by the Supreme Court. This exposes the organisation to immediate and substantial legal liability.”

It goes on to assert that Section 195 of the Equality Act and draft guidance from the Equality and Human Rights Commission (EHRC) require sports bodies to prevent males from participating in women’s and girls’ sport to ensure safe and fair competition.

They also highlight the alleged safeguarding risks of allowing males to use female changing rooms – along with the physical advantages of biological males – and warn about the risk of discrimination claims by female athletes “whose opportunities and achievements are displaced or diminished” and of “increased insurance and tort liability from elevated injury risk”.

The letters conclude: “If active steps are not taken to ensure that the issues raised are satisfactorily resolved, and women and girls engaging with your organisation remain exposed to these risks even in light of the clarified legal position, we reserve the right to take further steps, including litigation, to protect their interests.

“Biological sex is not a negotiable category; it is the essential foundation for safeguarding women and girls and preserving fair competition.”

Conservative peer

Former British Olympic swimmer Davies, who became a Conservative peer in December after co-founding the Women’s Sports Union, said: “I have heard horror stories from parents whose girls have been exposed to inappropriate and harmful situations, due to the failure to protect female sport categories and changing facilities. All sports bodies must act now to stop the risk of these terrible situations happening again.

“Some organisations have acted to protect sport at elite level, while allowing men to compete against women at amateur level. This is unacceptable – all women who play sport must be able to do so in a safe and fair environment. If they cannot, many women will simply opt out of sport.”

Cathy Larkman of the gender criical group Women’s Rights Network Wales said: “We are delighted that the Women’s Sort Union is taking legal action against the FAW, which has consistently refused to comply with the Equality Act 2010.

“They have denied female footballers the right to single-sex football – long after the English and Scottish FAs complied with the law.

“The Welsh FA don’t need to be in this position – we have tried to bring them to their senses. We are also aware of previous women, who were footballers in Wales at a lower local club level, who have also spoken to them and tried to get them to change.

“It is important to note that Welsh FA are the outliers and that the Scottish and English FAs changed their policies following the Supreme Court judgment.

Reviewing the policy

She added: “We met the CEO and other officials of the FAW last October and they assured us that they were reviewing the policy, were aware of the change of policy of Scottish FA and FA England, would gratefully receive any alternative policies we sent them, but that they were ‘waiting’ for further guidance (from the EHRC). That old chestnut.

“We subsequently provided copies of lawful policies to them and chased them up several times for updates. They kept delaying and saying they were still reviewing. However, we know they have been ‘reviewing’ for at least two and a half years because they have told that same line to other women raising concerns previously.

“There is a wealth of info and comms, where FA Wales are trying to grow the women’s and girls’ game and appealing to young girls in particular. None of these girls know that a boy could take their place on the team, or they could find themselves playing against one. There are no restrictions on mixed sex football at youth level.

“For the adult women’s game, male players need only to reduce testosterone levels to take part. Madness. What will happen when Welsh teams play against English or Scottish teams?”

The FAW was invited to comment, but declined to do so.