The recent UK Supreme Court ruling on the legal definition of sex has understandably caused significant concern and anxiety for many trans, non-binary, and gender-questioning people and their communities, and we recognise that our members may have questions about how this ruling might impact their therapeutic practice.
The Society is committed to inclusivity, and supports that each and every person’s lived experience and expression of gender is deserving of respect and understanding. We continue to promote anti-oppressive and inclusive practice, and encourage open, respectful dialogue within our profession, recognising the fundamental importance of balancing freedom of expression with our duty to protect and promote the dignity and wellbeing of all clients and members. Our membership is made up of a wide variety of people, all with their own diverse perspectives, lived experiences, and unique identities. As always, we encourage our members to remain client-centred in their approach, where the needs of their clients are prioritised; all practitioners have an ethical responsibility to practice inclusively, without discrimination or prejudice.
In terms of the ruling, the Supreme Court judges determined that under the Equality Act 2010, the legal definition of 'woman' relates specifically to biological sex, thus excluding transgender women with Gender Recognition Certificates from certain women-only spaces and services. The ruling does not change the existing legal protections for trans and non-binary people, who continue to be safeguarded from discrimination, harassment, and victimisation under current equality legislation.
We’re currently assessing how this ruling impacts our existing guidelines and support provided to our members, as well as any implications it may have on the Accredited Register programme, about which we will be consulting with the Professional Standards Authority. Given the complexity and significance of this decision, it is essential for us to consult comprehensively with legal experts, professionals in our field, and those with relevant, lived experiences before updating or confirming our stance and any future guidance. Our membership of the Memorandum of Understanding on Conversion Therapy and ongoing work with the Partnership of Counselling & Psychotherapy Bodies will also help to inform us.