Trans women asked to leave lavatories ‘should ring 999’

TRANS women should call 999 if a request to leave a women-only lavatory makes them feel unsafe, Britain’s largest child transgender charity has said.

The advice from Mermaids comes amid confusion over the long-awaited new guidance from the Equality and Human Rights Commission for providers of single-sex spaces such as refuges, changing rooms and hospital wards.

The EHRC ruled last month that trans women, who are born as males, can be excluded from female-only spaces if there is a legitimate reason, such as protecting privacy and dignity.

The landmark legal opinion aimed to clear up the fierce debate between activists and feminists over the protected characteristics of sex and gender re-assignement in the 2010 Equality Act.

But Mermaids has become the latest lobby group to issue its own guidance in response, saying it is “not happy” with the regulator’s approach.

In its helpsheet, titled Single-sex Spaces: Know Your Rights, the charity lists a series of tips for “what to do if someone asks you to leave a facility”.

The first states: “If you are at risk of harm, try and get somewhere safe and call someone you trust, or the emergency services, if you feel comfortable in doing so, on 999.” It also suggests gender-dysphoric youths “ask the facility/ your school for a copy of its trans inclusion policy” and “ask the facility/your school for its reasons for your removal, in writing”.

They are urged to direct the venue to Mermaids’ phone lines and “take notes”. The charity stresses the EHRC guidance “is not the law and cannot be enforced”.

Leading lawyers have said it shows how venues are caught in a war of words between activists and regulators, with little clarity on how to act.

Amanda Jones, a barrister specialising in equality law, said: “If an organisation is lawfully providing single-sex facilities, refusing to leave would certainly be a problem. The provider would be entitled to use security or call the police.

“Anyone wishing to challenge such an organisation’s policy should do so calmly and use the provider’s complaints policy. Mermaids appears to advise ignoring the EHRC’s advice, but then relies upon assertions about the law which are unclear and dubious.”

Naomi Cunningham, a discrimination law barrister, said: “The advice to call 999 is grossly irresponsible. Being entitled not to suffer discrimination on grounds of gender reassignment is not the same thing as being entitled to be treated as the opposite sex.”

Mermaids was contacted last night for comment.