In April 2025, the UK Supreme Court ruled that “sex” under the Equality Act 2010 refers to biological sex, not acquired or certified gender. This followed a legal challenge by For Women Scotland concerning the inclusion of trans women in public board representation. While the ruling does not alter protections for trans individuals under the “gender reassignment” characteristic, it has implications for the interpretation of single-sex provisions.

LSCFT's response to the ruling

Communication

A Trust news update was issued in response to the recent ruling, recognising its impact on LGBTQ+ communities and signposting support.

Key points included:

  • Acknowledgement of the ruling’s emotional and social impact.
  • Signposting to national support organisations and the LGBTQ+ Staff Network.
  • A message from Oliver Soriano, Chief Nursing Officer reaffirming the Trust’s commitment to inclusion.
  • Formation of a steering group to guide the Trust’s response.
  • Reference to the Equality and Human Rights Commission’s (EHRC) consultation on proposed changes to the Equality Act 2010 Code of Practice for Services, Public Functions and Associations.

Support for LGBTQ+ colleagues

In the immediate aftermath of the ruling, several actions were taken to support LGBTQ+ colleagues:

  • An email was circulated to LGBTQ+ Staff Network members acknowledging the potential impact of the ruling and offering reassurance.
  • Ongoing support has been provided through regular LGBTQ+ Network meetings and engagement with network chairs.
  • The Trust’s Chief Executive Officer, Chris Oliver, held an extraordinary meeting with LGBTQ+ Network members to hear directly about lived experiences and concerns.

Executive Team briefing

Following the ruling, the Executive Team was formally briefed via a report produced by the Diversity and Inclusion Team and presented at Trust Management Board. The report outlined:

  • Background and context of the ruling.
  • Scope and potential Impact on staff, service users, and communities.
  • Recommendations for next steps, including communication, support measures, and strategic response.

Next steps

A steering group has been established, chaired by Karmini McCann, Director of Inclusion and Organisational Development and Deputy Chief People Officer. The group is tasked with ensuring the Trust is prepared to respond to further guidance from the EHRC and NHS England.

Current membership of the group includes representatives from the Diversity and Inclusion Team, the LGBTQ+ Staff Network, and senior clinical leads. Plans are underway to broaden representation further to include colleagues from the Communications Team, the Women’s Network, forensic services, children and young people’s services, and medical leadership.

Key priorities for the group include:

  • Coordinate internal and external communications.
  • Monitor incidents relating to gender.
  • Develop FAQs and guidance for staff.
  • Ensure two-way feedback with LGBTQ+ Network to reflect lived experiences.
  • Mobilise responses to best practice recommendations as they become available.

This group will play a central role in shaping the Trust’s inclusive and responsive approach moving forward.