A charity governance expert is urging the Charity Commission to publish sector specific guidance around revised equality rules around gender.

This follows last year’s Supreme Court ruling that concluded women in equality law refers to biological sex and the subsequent laying before parliament this year of the Equality and Human Rights Commission’s (EHRC) refreshed code of practice.

Consultant Penny Wilson has written to Charity Commission chief executive David Holdsworth saying that “charities want to get things right and follow the law, but they need clear, specific guidance and enough time to implement any required changes in a measured and responsible way”.

She warns that “many charities are now facing confusion about how they can stay inclusive of trans+ people, with significant uncertainty about what is expected of them in practice”, adding currently there are “inconsistencies” amid the EHRC’s code and charity law. ‘



Her letter states: “While detailed charity-specific guidance doesn’t exist, there is a risk that trustees will rush to exclude trans+ people, mistakenly thinking that is the only course available to them.”

She wants the Commission to give reassurance that trustees will be given time to consider guidance before making changes on how they work with tarns people.

Guidance should also cover issues such as advice for trustees on making decisions around working with trans people, such as the evidence they need to collect.

Those with single sex objectives that have been operating on the understanding that the definition of women includes trans women, is also needed.

Case study examples of options charities may have to remain inclusive of trans people is also needed.

She added that previous regulator communication with her for charities to take legal advice on trans inclusion “is not an option for most charities, which are too small to have a legal budget”.

“We must find a way for charities to get the support and guidance they need on this issue and I suggest that the most feasible way is for the Commission itself to use its legal resources to offer guidance,” said Wilson, who is a former chief executive officer of Getting on Board, which closed two years ago.

In response to Wilson’s letter, a Charity Commission spokesperson said: "Now that the Code of Practice has passed this Parliamentary milestone, we will continue work at pace to update our guidance for trustees on the intersection of charity law with equalities legislation."

Girlguiding

In March this year Girlguiding announced that from September only biologically female girls and women can join as members and volunteers.

Also, from this date all current trans girl and young women members will have to leave. Current trans girl or trans women volunteers in a role open to women only will need to move to a role open to everyone.

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