Labour's Bridget Phillipson today told Left-wing councils they must ensure they are 'compliant with the law' after the introduction of new rules on single-sex spaces.

The women and equalities minister said local authorities had been given 'a clear direction as to what they need to do' by the fresh guidance.

A new code of practice on the Equality Act 2010, including the use of toilets and changing rooms as single-sex spaces, came into force last Wednesday.

It set out single-sex toilets, changing rooms, hospital wards and refuges must be used based on a person's birth sex, not the gender with which they identify.

The guidance was issued after a landmark Supreme Court ruling on biological sex in April last year, which saw judges state the words 'woman' and 'sex' in the Equality Act 2010 refer to a biological woman and biological sex.

But local leaders from six London boroughs - Lambeth, Waltham Forest, Southwark, Hackney, Haringey and Lewisham - have warned they could resist guidance prepared by the Equality and Human Rights Commission (EHRC). 

In an open letter to Ms Phillipson last week, the six leaders and other senior councillors said it was 'simply unacceptable' that the new guidance 'is harmful to the rights of trans people and will make their exclusion from public life more likely, not less'.

The Green and Liberal Democrat-led councils also warned they would not 'put our staff in the impossible position of policing entry to public spaces' and said they were now 'reviewing all of our internal practices to ensure that no trans person is excluded on the basis of our actions'.

It comes after Lambeth councillors last month backed a call for the council to refuse to implement the EHRC's amended code of practice.

Meanwhile, the leader of Labour-run Islington council last week issued a statement to condemn the EHRC's new code as 'contradictory' and 'poorly developed'.

Una O'Halloran also claimed the watchdog's guidance 'risks creating a climate of suspicion of trans people'.

'The council is taking a considered, evidence-based approach in relation to reviewing affected council services, working on the basis of continuing to be inclusive wherever possible,' she said.

Speaking to BBC Radio 4's Today programme on Friday, Ms Phillipson said there 'remain clear protections within the law under the Equality Act for trans people'.

'My message would be that the law is clear, and that the guidance has given greater clarity to service providers and others in terms of how they need to discharge their responsibilities,' she added.

The Cabinet minister said it is 'right' that there are 'appropriate single-sex spaces such as women's refuges, rape crisis centres, where women who've experienced male violence can get the support that they need in a safe environment, and the guidance makes clear how that can be delivered'.

But she continued: 'What the guidance is also clear about is that everyone needs to have the right level of support and services, and there do remain clear protections within the law under the Equality Act for trans people who should not be on the receiving end of prejudice, intimidation, or harassment because of who they are.'

Asked who will enforce the guidance, Ms Phillipson said that the EHRC 'is the independent regulator for making sure that this is upheld'.

'I think the guidance gives duty bearers a clear direction as to what they need to do, and it is ultimately their responsibility to make sure that they are compliant with the law,' she added.

'And of course, the EHRC, as the independent regulator, will make sure that the rights that we all enjoy are upheld.'

An EHRC spokesperson said: 'As we have said consistently since the Supreme Court clarified the law in April 2025, those with duties under the Equality Act should be following the law, updating their policies if needed and seeking independent legal advice where necessary.

'We will monitor compliance with the law and take enforcement action where it is proportionate and necessary. We consider all alleged instances of non-compliance and base any decision to take action on our well-established regulatory model and decision-making framework.'