For Women Scotland Ltd v The Scottish Ministers – what are the legal and practical implications for schools?
The Supreme Court’s decision in For Women Scotland Ltd v The Scottish Ministers confirms that, for the purposes of the Equality Act 2010, “sex” means biological sex. This has significant implications for schools, including admissions to single-sex schools, access to toilets and changing facilities, participation in competitive sports, and how discrimination claims involving trans pupils are assessed. While gender reassignment remains a protected characteristic, the judgment clarifies that trans pupils must be treated according to their biological sex in contexts where the law requires sex-based distinctions.