Council u-turns on decision to allow trans women access to female only post-prison service

In April it emerged biological males were using The Willow Service, a women-only scheme for those who have been involved in the criminal justice system and suffer trauma.

This was despite the Supreme Court’s ruling in For Women Scotland v Scottish Ministers that determined “sex” means biological sex and not gender.

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A paper going before councillors outlines what the council is doing to implement the Equality and Human Rights Commission (EHRC) updated guidelines on single-sex spaces.

While the council’s main focus has been on changes to the education estate, other single-sex services have been affected.

The report states: “Where single-sex services, as defined in the 2010 Act, are provided by the council, access to those services is now determined on the basis of sex assigned at birth only, in line with the Supreme Court Ruling.”

The council said alternative provision has been put in place to ensure trans people are not without services.

It adds: “Following legal advice, the Willow Service now operates as a single-sex service in line with the 2010 Act and is therefore only open to those assigned female at birth.

“Alternative service provision is now made on a gender-neutral basis to ensure that transgender and non-binary persons, both those previously accessing the Willow Service and new service users, are able to access appropriate justice services.”

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City of Edinburgh Council uses “sex assigned at birth” to mean born male or female.

Susan Smith of For Women Scotland said the organisation was pleased to see progress.

“This will come a relief to the vulnerable women who desperately need this service,” she added.

“The council must now stop the futile fight against law and guidance and accept that they must ensure it's followed in all areas.

“A good start would be to end the relationship with government funded lobbyists who insist on misrepresenting the law.

“They should take advice from equality lawyers and remember that the activists will not be financially liable if the council gets it wrong.”

Figures released under freedom of information showed the service was open to trans women, who are male.

Often women involved in the criminal justice system have a background of domestic abuse and trauma and require women-only spaces.

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The service offers both group and one-to-one support and services in locations across Edinburgh including in prison, homes and the community.

Lisa Mackenzie of the policy group Murray Blackburn Mackenzie said: “Last year’s Supreme Court ruling clarified that women-only services, offered in line with the Equality Act 2010, should be on the basis of biological sex.

“The Willow Project in Edinburgh is such a service, giving support to women caught up in the criminal justice system, most of whom have histories of abuse and trauma.

“The City of Edinburgh Council has done the right thing in seeking legal advice which has confirmed that the Project's policy of including men who identify as women was unlawful.

“If a service is offered as a women-only service, women deserve certainty that they will not encounter anyone who is male.”

A council spokeswoman said the local authority acknowledges the EHRC updated code of practice and its report outlines what this means for council services.

“Making sure that those who use our services are supported and treated with respect and kindness remains our focus,” she added.

“We will of course continue to prioritise the wellbeing of all those who use our services, and the wider public.”

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