Women’s charities ignoring Supreme Court ruling, according to new report

Some women's charities are ignoring the Supreme Court’s ruling on single sex spaces, according to a new report.  

The report published by policy analysts Murray Blackburn Mackenzie (MBM) identifies a range of women’s charities it says are extending their reach to include biological men who identify as women. 

It reviewed 19 UK-based charities, which MBM says were chosen to represent a range of charitable activities and delivery models. 

Despite the ruling by the court, made one year ago today, which stated that for the purposes of the Equality Act 2010, the terms “woman” and “sex” refer to biological sex rather than legal sex acquired via a Gender Recognition Certificate, in many cases charities have failed to reverse their policies following the decision.  

The report also found that there has also been a lack of direction from the charity regulators. 

A legal opinion by Karon Monaghan KC, commissioned by MBM, clarified that where a charity’s purposes are restricted to benefitting women, they are not permitted to extend those charitable benefits to men, whether or not they have done so in the past. 

Commenting on the publication of the report, MBM co-director Lisa Mackenzie said: “Despite significant legislative and public policy gains, stubborn disadvantages reach into all areas of life and, in many cases, persist and accumulate over a lifetime. Charities established to address this disadvantage already struggle to secure adequate resources.  

“Yet, in recent years, some women’s charities have extended their activities to include men who identify as women. Regardless of the clarity provided by the Supreme Court’s ruling, we found little evidence that women’s charities that had expanded their services in this way have reversed their policies. 

“Regulators too have been slow to respond to the ruling, insisting that they cannot act or provide clarity for those working in the sector until they have received guidance from government or the Equality and Human Rights Commission.” 

She added: “Our report also shows how some funders have introduced conditions to funding that can push or encourage charities set up for women and girls to extend their benefits to men who identify as women. 

“The women’s charity sector faces a harsh environment of limited resources and growing need. Trustees and managers who are strongly committed to protecting the limited and valuable charitable legacy for women have faced pressure from external lobby groups and sometimes other trustees and staff within their organisations to disregard their charitable objects. 

“We hope our report will be a catalyst for change in the sector, and a resource for those in it who face an uphill battle in making a small but essential group of charities refocus on their duty to benefit women.” 

This comes as the UK Government has confirmed it intends to publish new guidance on single-sex spaces following the elections on 7 May. 

Updated guidance was submitted by the Equality and Human Rights Commission (EHRC) at the beginning of the week, however election rules mean that the government is “unable to make further announcements on the matter at this time”, equalities minister Bridget Phillipson told MPs in a written statement.