FOI Request - Equality Act Compliance

Request 101003796551

1.  Previous or Current Service Delivery - Please provide copies of any policies, guidelines, internal memos or external communications that set out the Council's approach to allowing males who identify as women (either with or without a GRC) to use spaces or services designated as for women.  These services can either be commissioned or provided directly by the Council.

2.  Policies - Provide a list of all policies and practices that are under review to ensure they align with the Supreme Court's clarification of the Equality Act 2010 following the For Women Scotland ruling.  If no policies are currently under review has there been a decision about when this work will be undertaken?

3.  Equality Impact Assessments - Provide a list and copies of all Equality Impact Assessments that are under review to ensure they are in line with the Equality Act 2010, particularly with regard to policies that affect women and sex-based rights.

4.  Monitoring and Compliance - What measures are in place to ensure that, going forward, women's rights are not compromised under any of the Council's policies once existing policies have been updated to reflect the ruling of the Supreme Court?

Response 20-06-2025

1. The information requested can be found in the response to a previous FOI request. This information is therefore exempt under section 25 of the Freedom of Information (Scotland) Act 2002, information otherwise accessible. For ease of reference please find a link to the web page here: http://www.moray.gov.uk/moray_standard/page_161306.html

2. As a Council, we recognise the clarity provided by the Supreme Court ruling on 16.04.25 in For Women Scotland v The Scottish Government, as well as the recent Court of Session case involving Scottish Borders Council (where the judge ordered that Scottish schools must provide single-sex toilets for students). 

We are currently considering the implications of both cases in full and awaiting the Equalities and Human Rights Commission's (EHRC) update to their statutory and non-statutory guidance to help inform what action will be necessary. Meantime, the EHRC have issued interim guidance that will also be considered and incorporated - https://www.equalityhumanrights.com/media-centre/interim-update-practical-implications-uk-supreme-court-judgment. 

3. Not held. Information not held at this time pending current review. Information that is not held falls under Section 17 of the Freedom of Information (Scotland) Act 2002 - Information not held.

4. Not held. Information not held at this time pending current review. Information that is not held falls under Section 17 of the Freedom of Information (Scotland) Act 2002 - Information not held.