Summary: We will not investigate this complaint about the Council’s interpretation of a decision by the Supreme Court in relation to the Equality Act 2010. We cannot determine a point of law and it is reasonable for Ms X to challenge the Council’s implementation of the ruling in the courts.

The complaint

1. Ms X complained about the Council failing to implement a decision by the Supreme Court in April 2025 about the definition of a woman and use of single -sex services provided by the Council. She says the Council has no excuse not to implement the court ruling immediately and that its delay in changing policy causes injustice.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council’s response.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X says the Council has failed to implement changes to use of single sex-facilities required following a ruling by the Supreme Court in April 2025. The Council says that it has followed the correct procedure by seeking legal advice on the judgement and its implications and putting its policies under review. It said:
6. “The Equality and Human Rights Commission has also advised that, while their work on updating the Code of Practice is ongoing, organisations should seek appropriate legal advice to ensure compliance with the Equality Act 2010 and other relevant legislation.”
7. We cannot determine points of law and if Ms X believes the Council is acting unlawfully she would need to seek a court remedy for breaches of the Equality Act provisions or a judicial review of the lawfulness of the Council’s current policy. We cannot decide if an organisation has breached the Equality Act as this can only be done by the courts. But we can make decisions about whether or not an organisation has properly taken account of an individual’s rights in its treatment of them. In this case the Council has taken legal advice and it is for the courts to consider if this is correct.

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Final decision

8. We will not investigate this complaint about the Council’s interpretation of a decision by the Supreme Court in relation to the Equality Act 2010. We cannot determine a point of law and it is reasonable for Ms X to challenge the Council’s implementation of the ruling in the courts.

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Investigator's decision on behalf of the Ombudsman