Sometimes a topic hits the headlines which is so emotive that polarisation happens within communities, and people who once considered themselves like-minded find themselves with  such opposite opinions and stances that friendships and families become broken.

This piece aims to clarify the legal landscape, debunk some common myths, and provide a perspective rarely offered. You’ll no doubt have seen in the media over the last few months a huge number of articles written about journalists and politicians views about the transgender community, where their sympathies lie and what they believe to be true.  How many articles have you read or opinions have you listened to that are actually voiced by a trans person or their loved ones?

The transgender community in the UK is currently less than 0.5% of the population.

On 16 April 2025, the UK Supreme Court issued a ruling confirming that the word “sex” in the Equality Act 2010 refers exclusively to biological sex assigned at birth, not a person’s current legal gender. The ruling does not invalidate the Gender Recognition Act 2004, nor did it remove discrimination protections for transgender people under the Equality Act. It also does not take into consideration Gender Recognition Certificates (legally recognised documents granted by the UK Gender Recognition Panel, appointed by the Lord Chancellor and composed of legal and medical professionals).

It’s not possible or appropriate to reliably identify whether someone is transgender just by looking at them. Gender identity is an internal sense of self, and it’s not something that can or should be judged based on appearance. People express their gender in many different ways, and there’s no single way a person – man or woman, trans or cis or non-binary or intersex –  should look.

Why has this situation come about?

The UK Supreme Court was asked to clarify the definition of “sex” under the Equality Act 2010 due to a legal challenge, that raised questions about how the law should treat transgender individuals in relation to sex-based rights and protections.

The case for Women Scotland Ltd v The Scottish Ministers, challenged Scottish Government guidance that allowed transgender women, including those with a Gender Recognition Certificate, to be counted as “women” for the purpose of meeting gender representation quotas on public boards. The challengers argued that this interpretation blurred the legal distinction between biological sex and gender identity and could undermine sex-based protections for women under the Equality Act 2010.

This is a sensitive and currently highly politicised topic. It’s important to approach it with care and a commitment to facts. Unfounded claims which we frequently see cited in the media and in political debates, fuel discrimination and promote division.

There is no documented pattern or statistical trend in the UK suggesting that cisgender men are posing as transgender women to access women’s facilities for the purpose of committing crimes. This mirrors findings from other countries, including the United States, where such claims have been thoroughly investigated and consistently found to be unsubstantiated.

UK police forces and public safety bodies report no evidence that trans women are disproportionately responsible for offences in public toilets or changing rooms. In contrast, the vast majority of crimes against women in public spaces are committed by criminal cisgender men, who are statistically responsible for most violent and sexual offences against women.

Contrary to common misconceptions, trans women are far more likely to be victims of violence and discrimination than perpetrators. They face elevated risks of harassment and assault—particularly in public settings—simply for expressing their gender identity. The ONS began collecting gender identity data in 2019. However, due to the small size of the trans population, detailed crime victimisation statistics are not yet available. Broad studies and advocacy reports consistently show that transgender individuals, predominantly trans women, experience disproportionately high rates of violence, particularly hate crimes and public harassment.

A major study by the Williams Institute at UCLA found that transgender people are more than four times as likely as cisgender people to experience violent victimisation, including rape, sexual assault, and aggravated assault. Notably, these crimes are overwhelmingly committed by criminal cisgender men. These findings highlight that trans women are not a threat in public spaces, but a group that is especially vulnerable and in need of protection.

What does this mean for the Transgender Community?

Trans Women

A trans woman is someone who was assigned male at birth but identifies and lives as a woman. This identity may or may not involve medical or legal transition steps, such as hormone therapy, surgery, or obtaining a Gender Recognition Certificate (GRC) in the UK.

• Under current guidance, trans women are often expected to use men’s toilets in public and workplace settings that provide single-sex facilities.
• However, trans women may also be excluded from men’s toilets, depending on the context and the service provider’s interpretation of the law

Trans Men

A trans man is someone who was assigned female at birth but identifies and lives as a man. This identity may or may not involve medical or legal transition steps, such as hormone therapy, surgery, or obtaining a Gender Recognition Certificate (GRC) in the UK.

• Under current guidance, trans men are often expected to use women’s toilets in public and workplace settings that provide single-sex facilities.
• However, trans men may also be excluded from women’s toilets, depending on the context and the service provider’s interpretation of the law

What If No Gender Neutral, or Single Occupancy Alternative Is Provided

The Equality and Human Rights Commission (EHRC) interim guidance states that trans people can be excluded from the facility aligned with their gender, at the same time as stating trans people must not be left without access to facilities.

Where possible, venues should provide:

• Unisex or gender-neutral toilets
• Single-occupancy lockable toilets that can be used by anyone

If a venue does not provide unisex, gender-neutral, or single-occupancy toilets, and you are excluded from both men’s and women’s toilets, this may:

• Violate your dignity and human rights under the Human Rights Act.
• Be considered indirect discrimination, especially if no reasonable accommodation is made.

What You Can Do If You Can’t Access Any Facilities?

You have the right to ask for a suitable alternative—such as access to a staff toilet or a private facility.

If none is provided, you may have grounds to file a complaint with the organisation who is responsible for the location you are in.

• Document the incident: Note the date, time, location, and what was said or done.
• Contact the organisation: Ask for their written policy on toilet access and whether they comply with EHRC guidance.
• Seek support from the Equality Advisory Support Service (EASS) or Citizens Advice.
• Contact LGBTQ+ advocacy groups like Stonewall or Galop for legal and emotional support.

Tips for Finding Inclusive Facilities

Use apps like Refuge Restrooms or Safe Place UK to locate gender-neutral or accessible toilets.

Look for “Accessible” or “Unisex” signage—these are often the most inclusive options.

Expecting trans people to use disabled toilets as their only option will have several social, legal, and psychological ramifications. While accessible toilets can be a helpful alternative in some cases, making them the default or only option for trans individuals raises important concerns.

Over-reliance on accessible toilets by non-disabled users can reduce availability for those who genuinely need them. This can create tension between marginalised groups and undermine accessibility goals. Being denied access to appropriate facilities can cause distress, anxiety, and dysphoria. It may discourage trans people from going out in public or participating in everyday activities.

Important Clarifications

• Using a women’s toilet is not a criminal act for a transwoman, nor is using a men’s toilet a criminal act for a transman
• Contrary to an extremely famous authors suggestion, taking a photograph of those you think might be transgender using what you consider to be the wrong toilet and then posting these on line, is a serious privacy violation.
• There are no legal circumstances in which a member of the public is permitted to demand someone leave a facility based on their appearance or perceived gender, threaten or intimidate someone for using a facility, or physically block or confront someone in a way that causes fear or distress
• Trans people are protected under the Equality Act from harassment, victimisation, and discrimination based on gender reassignment
• Service providers (e.g., shops, gyms, public buildings) are now legally allowed to exclude trans women from women-only spaces if they choose to do so, based on the biological definition of sex
• There are no plans for “toilet police”. Enforcement is not about surveillance or criminal penalties
• No member of the public has the right to demand disclosure or ask for proof of another person’s gender
• Under the Equality Act 2010, gender reassignment is a protected characteristic. This means you are protected from discrimination, harassment, and victimisation based on your gender identity
• If someone asks about your gender (or indeed any aspect of your life) in a way that feels intrusive, inappropriate, or harassing, you are within your rights to decline to answer, walk away, report the behaviour if it occurs in a workplace, service setting, or public venue
• The government has emphasized that trans people should not be left without access to facilities. Where possible, unisex or single-occupancy toilets should be provided as alternatives
• In practice, many businesses and venues may still allow trans women to use women’s toilets, and trans men to use men’s toilets, especially if they have inclusive policies or unisex options
• If someone believes a space is being accessed inappropriately or unlawfully, the issue will be addressed through civil complaints or employment tribunals, not criminal courts
• Individuals or advocacy groups may bring judicial reviews, or discrimination claims if they believe the law is being misapplied.

As the mother of a transgender child, I’ve learned that love means listening, learning, and standing proudly beside them even when the world feels uncertain. Trans people are not a debate or a headline, they are kind, funny, brave human beings who just want to live authentically and safely. Watching them navigate a world that often misunderstands or claims to fear them is simultaneously terrifying, heartbreaking, joyful and inspiring. I ask you, as a parent, a neighbour, a fellow human being: please choose kindness. You don’t have to fully understand someone’s journey to treat them with dignity. A smile, a moment of empathy, or simply letting someone be themselves without judgment or comment means the world. Everyone deserves that.

Conclusion

Access to safe and appropriate facilities is a basic human right. As this legal and social landscape continues to evolve, it’s vital that we centre empathy, evidence, and inclusion in our conversations.

Resources

Equality and Human Rights Commission (EHRC): https://www.equalityhumanrights.com
Stonewall: https://www.stonewall.org.uk
Galop: https://www.galop.org.uk
Refuge Restrooms App: https://www.refugerestrooms.org
Citizens Advice: https://www.citizensadvice.org.uk

By Gill Edwards

Gill Edwards is Senior Project Manager at Skewb. To speak with her about this topic in more detail, you can connect with her on LinkedIn.