Under these provisions, your approach must be a proportionate means of achieving a legitimate aim. This will depend upon the nature of the service and may link to the reason the separate or single-sex service is needed. For example, a legitimate aim could be the privacy and dignity of others. You must then show that your action is a proportionate way to achieve that aim. This requires that you balance the impact upon all service users. If the toilets you provide for service users are also used as staff toilets, you will also need to take account of the Workplace (Health, Safety and Welfare) Regulations 1992 which require employers to provide a certain number of toilets and to provide separate toilet and washing facilities for men and women in some circumstances. Guidance can be found on the Health and Safety Executive website.

Some service providers may find it helpful to have a policy for how services are provided to trans people. Where this is the case we recommend you develop a policy. However, in some situations you might need to consider whether the particular circumstances justify departing from the policy. Your policy should set out clear criteria that allow you to consider particular circumstances. Consider the rights and needs of trans people alongside the rights and needs of other service users. You must seek to balance the different interests and needs of those who use, or wish to use, your service. You should consider the impact on and needs of all service users. Think about how your actions will affect both trans people and other service users. Consider less restrictive options where possible. It is most likely to be proportionate to exclude, modify or limit trans people’s access where a service provider has limited resources and physical space to alter the way the service is provided or if they are dealing with groups with particular needs; for example, female victims of male sexual assault who may feel unable to participate in the presence of someone they perceive as male.

It will be helpful to use this information to develop a policy for providing your service to trans people. Developing policies may also require confidential discussions with service users. Staff should be trained on how to apply the policy consistently. Your policy could set out how you will deal with requests by trans people to use the service and should be accessible to everyone so all service users know what to expect from the service. However, in some situations you might need to consider whether the particular circumstances justify departing from the policy. Your policy should set out clear criteria that allow you to consider particular circumstances.