Akua Reindorf KC’s Legal Advice on Manchester Labour Council’s single-sex policies
Working together to protect the single-sex spaces of women and girls, Labour Women’s Declaration and the Women’s Rights Network jointly commissioned this vital legal advice from Akua Reindorf KC.
Is Manchester Labour Council acting unlawfully in refusing to protect women’s single sex-services?
“We have heard from women in other councils across the UK which, like Manchester, have policies on single-sex spaces that are likely to be in breach of the Equality Act 2010 and its Public Sector Equality Duty. As such, they are vulnerable to legal challenge. We recommend all councils check their policies now and avoid wasting tax payers’ money on futile legal cases defending the indefensible. The problem with Manchester City Council’s failure to uphold single-sex spaces, reinforces the importance of the appeal ruling for For Women Scotland vs Scottish Government and the need for government action to clarify sex in law.” Mary Curran, Labour Women’s Declaration
Background
On 2/2/2022 Manchester City Council (MCC) unanimously passed a motion, Trans Rights Are Human Rights, declaring that ‘transwomen are women’. In the process of passing this motion, there was no equality impact assessment, no public consultation, and therefore no answers about the impact of this policy on women’s essential single-sex services.
According to their own policy, MCC says that its single-sex services for women include transwomen, i.e. males who self-declare as women, meaning the space is no longer single-sex. This is neither legal, nor in line with current Labour policy. Both Keir Starmer, and Anneliese Dodds have stated that single-sex exceptions in the Equality Act allow for women-only space for “biological women”.
From Rape Crisis services and domestic abuse refuges, through to services like women-only swimming sessions, single-sex provision is essential. Not only do we know that many women and girls prefer this type of provision, we know it is particularly vital for women from Manchester’s faith communities. If women are to have equal access to services and not be further marginalised, our Council must uphold single-sex space. This is why LWD and WRN are holding MCC to account.
Action taken since February 2022 by local LWD supporters and Women’s Rights Network
Extensive communications and meetings with councillors, officers, and MCC Executive members
Holding a public meeting in Nov 2022 ‘Protecting Women and Girls in Manchester’ to which all 96 councillors were invited and only 2 attended
Raising awareness: leafleting and speaking to women about their needs re single-sex provisions
FOI requests
Attending MCC committee meetings, to raise awareness and ask questions
Didsbury East Labour Party Branch passes a motion calling on MCC to ‘comply with national Labour policy to protect women’s single-sex spaces’ [1]. Unfortunately this motion fails to pass when presented to the CLP
Videos and tweets
When the democratic channels and scrutiny fail, women have united in seeking a legal opinion from one of the UK’s leading KCs, Akua Reindorf.
Legal advice, Executive Summary
The Executive Summary of the key arguments made by Akua Reindorf in her Legal Advice is available to read, download and share:
“Ms Reindorf KC’s view is that if this is MCC’s approach (as outlined in the referenced motion) to women only swimming sessions, and any other separate and single-sex services (such as personal care, residential services for youth groups, refuges, homeless hostels), is unlawful.” Exec summary, para 56
We hope that Akua Reindorf KC’s Legal Advice will be of value to those fighting to protect women’s single- sex spaces in other local authorities and organisations who provide services for the public. Please make use of it if you need to challenge your local council or service provider
Read the full document to check what is relevant for your situation.
Use exact quotes from the Legal Advice, referencing the section and page number, and include the URL to the full document.
We call on Manchester City Council to revise its policies to comply with the Equality Act 2010
Read WRN Manchester and LWD’s reply to Manchester City Council’s inadequate response to the legal advice from Akua Reindorf KC. In it, we state:
“Allowing men to self-identify as women is not the law in the UK. However, MCC has decided to operate its services in this way, without any consultation with women or compliance with their Public Sector Equality Duty.
MCC is not obliged to publish their full legal advice (paid for by council taxpayers) due to legal advice privilege. However, if they are confident that they are acting lawfully, we call on them to publish their legal advice in full.
If there are legal challenges to MCC’s approach to allow males who identify as a woman into women’s single-sex services, our strapped-for-cash council will have to spend more council tax payers’ money defending them.”
We thank our sisters at Women’s Rights Network Manchester.
[1] Motion passed by Didsbury East Labour Party branch 15/02/24*
This CLP calls on Manchester City Council to comply with national Labour Party policy to protect women’s single-sex spaces (including, but not only, for women’s swimming) for the safety, privacy and dignity of women by:
(i) complying with their Public Sector Equality Duty to balance the needs of all 9 Protected Characteristics (PCs).
(ii) undertaking Equality Impact Assessments of the need for women’s swimming based on the PCs of Sex, Race, and Religion/Belief
(iv) applying the Single-Sex Exceptions as permitted by the Equality Act 2010 where a “separate service is a proportionate means of achieving a legitimate aim”. For example: if women of a particular religion or belief will not use the local swimming pool at the same time as men, women-only swimming sessions could be provided as well as mainly-mixed sessions.
(v) ensuring clarity in policy making by using language with defined legal meanings in the Equality Act 2010 and EHRC 2022 Separate and single-sex service providers: a guide on the Equality Act sex and gender reassignment provisions
*Defeated at Manchester Withington CLP GC meeting 25/07/24 (17 against, 9 for, 4 abstentions)
