The Charity Commission has been urged to hasten its guidance for charities on inclusion of trans people as parliamentary scrutiny of the Equality and Human Rights Commission’s (EHRC) updated code of practice has completed.
EHRC’s updated code, on how last year’s Supreme Court ruling which concluded that “woman” in the Equality Act 2010 refers to “biological sex”, was laid before parliament in May.
It completed its 40-day scrutiny period this week and charity governance consultant Penny Wilson has now published a letter to the commission’s chief executive, David Holdsworth, urging him to publish sector-specific guidance.
In her letter, Wilson described “the vacuum charities now face in the absence of charity-specific guidance on how to remain inclusive of trans+ people”.
The commission previously pledged to provide such guidance to charities, once parliamentary scrutiny of the EHRC code had completed, and had recommitted to doing so.
A commission spokesperson told Civil Society: “Now that the code of practice has passed this parliamentary milestone, we will continue work at pace to update our guidance for trustees on the intersection of charity law with equalities legislation.”
Third Sector Against Transphobia analysis
When the EHRC code was laid before parliament in May, some campaigners against transphobia warned it could create “uncertainty and concern” in the charity sector.
The Third Sector against Transphobia group, which includes Wilson, this week published an analysis of the revised EHRC code and also called for the commission to provide charity-specific guidance.
Debra Allcock Tyler, chief executive of the Directory of Social Change and a member of Third Sector Against Transphobia, said of the new analysis: “Charities exist to deliver public benefit.
“They should have the confidence to consider these issues carefully, seek advice where appropriate and make decisions that are lawful, proportionate and consistent with their charitable purposes.
“We hope our analysis, together with the constructive proposals we’ve made to the Charity Commission, will contribute to a calmer and more informed conversation across the sector. Ultimately, charities need clarity, not confusion, and support, not pressure.”
Some charities have already made changes to their services following the Supreme Court ruling.
Girlguiding confirmed this year that transgender girls and young women who are members will have to leave the organisation by 6 September.
The Women’s Institute announced in December that it would not offer formal memberships to transgender women from April 2026 due to a “risk of costly legal challenge and potential regulatory action from the Charity Commission”.
