English courts are still allowing biological men to use women's toilets despite the Supreme Court ruling last year.
Despite the court making clear that sex under the Equality Act means biological sex and not a person's gender identity, HM Courts and Tribunals Service (HMCTS) has yet to update its rules on the use of women's toilets.
The landmark ruling in April 2025 means the courts are ironically ignoring their own judgment made just eight months ago.
The Royal Courts of Justice, which include the High Court and the Court of Appeal, have "male" and "female" toilets but do not make it clear whether trans people can use the toilet of their gender identity.
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HMCTS directors have told women's rights group Sex Matters that it was "reviewing relevant internal policies" but would not change anything until guidance was published by the Equality and Human Rights Commission (EHRC).
Sex Matters chief executive, Maya Forstater said: "It’s absurd that the Royal Courts of Justice – and the courts system in general – has not yet ensured that it is obeying the law on single-sex provision as clarified by the Supreme Court in April.
"Parliament has already made clear that in its buildings people should use the male or female loos according to their sex, or the unisex option if they prefer.
"But in the Royal Courts of Justice, women who went to the ladies’ risked finding themselves in an enclosed space alongside men who identify as trans or non-binary and who think they are above the law.
English courts are still allowing biological men to use women's toilets despite the Supreme Court ruling last year
|GETTY
"Most women would find this uncomfortable, and for some it will be deeply traumatic."
The EHRC remain clear that English courts should be following the law, as should other public bodies.
Because it isn't just the courts that continue to flout the ruling: the NHS and the civil service are both still operating under outdated 2019 transgender guidance.
A Government spokesman said: "We review and update guidance wherever necessary to ensure it complies with the law, including the Supreme Court judgement."
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Maya Forstater (right), who heads Sex Matters, said it was 'absurd' that English courts were still not following its own ruling
| GETTYMs Forstater described it as "unlawful" in a letter to the Prime Minister.
Soon after the ruling in April, the EHRC published interim guidance explaining that public bodies should bar people from the toilets of the opposite sex, though they could provide unisex facilities for trans people.
Its final guidance was submitted to Equalities Minister Bridget Phillipson - she is yet to publish it.
Sex Matters has repeatedly asked HMCTS whether it allows trans women (biological men) to use women’s toilets in its buildings, though she simply heard that departments are "working at pace" to review policies.
But the EHRC remain clear: the courts should be following the law now, eight months on from the decision.
A spokesman said: "The Supreme Court clarified the law in April 2025 – with immediate effect – making clear that ‘sex’ in the Equality Act means biological sex.
"We have consistently said that those with duties under the Act should be following the law, updating their policies and practices if needed and seeking independent legal advice where necessary.
"As Britain’s equality regulator, we provide expert advice on how to comply with the Equality Act and put the law into practice."
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