Whitehall staff are flouting the Supreme Court ruling on biological sex ‘by telling transgender women it’s okay to use the female toilets’

Civil servants are flouting the Supreme Court ruling on biological sex, with some declaring it is ‘completely the choice’ of a man who is transitioning to choose which bathroom they use.

A message sent to officials by the LGBT+ network in the Department of Transport after the landmark court judgment said staff can decide themselves if they can use ‘any appropriate single sex toilets and other facilities’.

‘It is assumed that the individual knows which facilities are the best match for their gender identity and expression,’ it added.

The message, obtained using Freedom of Information requests, was sent to staff on April 22, the week after the Supreme Court ruling that men who change gender are not legally women.

It says ‘HR have assured us that all current guidance and policies still stand’ and gives the example that a recently transitioned man may need to ‘build confidence in his new gender expression’ and that the bathroom they choose is ‘completely his choice’.

Members of LGBT+ networks in other government departments also sent messages expressing disappointment with the court ruling, including staff in the Department for Science, Innovation & Technology being told: ‘While the judgment itself is outside of our hands, we want to say clearly that we’re disappointed by the decision.’

Elliot Keck, of the TaxPayers’ Alliance, which compiled the research, said: ‘The correspondence demonstrates how out of control staff networks are.’ 

A Government spokesman said: ‘Staff networks do not set policy in this space. We will update policy wherever it is necessary.’ 

Civil servants are flouting the Supreme Court ruling on biological sex, with some declaring it is ¿completely the choice¿ of a man who is transitioning to choose which bathroom they use

Civil servants are flouting the Supreme Court ruling on biological sex, with some declaring it is ‘completely the choice’ of a man who is transitioning to choose which bathroom they use

A message sent to officials by the LGBT+ network in the Department of Transport after the landmark court judgment said staff can decide themselves if they can use ‘any appropriate single sex toilets and other facilities’

A message sent to officials by the LGBT+ network in the Department of Transport after the landmark court judgment said staff can decide themselves if they can use ‘any appropriate single sex toilets and other facilities’

The message, obtained using Freedom of Information requests, was sent to staff on April 22, the week after the Supreme Court ruling that men who change gender are not legally women. Pictured: Directors of 'For Women Scotland' celebrate the Supreme Court ruling on April 16

The message, obtained using Freedom of Information requests, was sent to staff on April 22, the week after the Supreme Court ruling that men who change gender are not legally women. Pictured: Directors of ‘For Women Scotland’ celebrate the Supreme Court ruling on April 16

It comes as another report, by think-tank the Policy Exchange, has found that dozens of organisations question the Supreme Court’s ruling on the definition of a woman.

Independent MP Rosie Duffield said: ‘Government ministers must lead from the top to ensure public bodies comply with the law.’

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