Labour delays trans guidance until after elections as pressure mounts on Bridget Phillipson

Oliver Partridge
Wed, 15 Apr 2026 13:06:49 +0000

Education Secretary Bridget Phillipson has postponed the release of new trans guidance, citing purdah restrictions ahead of the Scottish and Welsh elections scheduled for May 7.

The minister argued that publishing the code could influence voting behaviour during the pre-election period, which limits Government announcements.

Detractors have accused Ms Phillipson of prioritising her rumoured aspirations to lead the Labour Party over establishing protected spaces for women in public settings.

The controversy comes as the Government faces mounting pressure to act on the issue.

TRENDING

Stories

Videos

Your Say

The dispute erupted before Thursday's first anniversary of the Supreme Court's landmark judgement, establishing that trans women do not qualify as women under the Equality Act.

The Equalities and Human Rights Commission also submitted its revised code of practice to ministers seven months ago, yet the guidance remains unpublished.

The extended timeline frustrated campaigners who argue that clarity on single-sex spaces has been available for nearly a year following the court's definitive ruling.

The EHRC's updated guidance was sent directly to Ms Phillipson, placing responsibility for its release squarely with her department.

Ms Phillipson said: "The code will apply across Great Britain and, as we are currently in the pre-election period for the devolved administrations, we are unable to make further announcements on this matter at this time."

The Education Secretary insisted the Government was pursuing "urgent action" to meet its goal of presenting the code to Parliament in May, pledging to do so "as soon as practicable after the election period".

LATEST DEVELOPMENTS

Keir Starmer spent £30k of taxpayers' cash on Downing Street flat – including £1.6k on shower screen

'It's PMQs!' Speaker slams Keir Starmer for dodging questions in Commons grilling

WATCH: DUP MP demands 'action' from Keir Starmer as he warns of imminent fuel protests

Baroness Falkner of Margravine, who previously chaired the EHRC, has accused Ms Phillipson of prioritising her own career over her responsibilities as women and equalities minister.

The peer suggested the minister fears that publishing the guidance would antagonise pro-trans Labour backbenchers and damage her prospects for future promotion, following her unsuccessful bid for the deputy leadership against Lucy Powell last year.

Lady Falkner described the Government's approach as "cowardice" and said the delay "betrayed" women who expect trans women to be excluded from female toilets and changing rooms.

She also directed criticism at the Prime Minister, stating: "You have a Government led by a lawyer, supposedly mindful of the rule of law yet he's unable to uphold it in its most visible form."

Maya Forstater, chief executive of the women's rights charity Sex Matters, expressed astonishment that ministers had discovered "another excuse" for withholding the guidance.

Ms Forstater pointed to what she described as "negotiations and horse-trading between the Government and the EHRC on the content of the code".

She argued that the twelve-month delay had inflicted "serious harm to countless women" and dismissed the devolved elections as an inadequate justification, noting that equality law is not a devolved matter.

The current EHRC chair, Dr Mary-Ann Stephenson, confirmed that her organisation had revised portions of the guidance following ministerial feedback and returned an amended draft to Ms Phillipson in April.