More trans-inclusive spaces planned for city

BBC A person is sitting on a chair in a pub garden. They are wearing a pink shirt and have blond hair. They are wearing glasses.BBC
Dom Birch is trans non-binary and says they have suffered more harassment since changes to Equality and Human Rights Commission guidance

Transgender people living in Oxford will be better supported to access facilities like public toilets under plans agreed this week.

At an Oxford City Council meeting, councillors voted in favour of providing more inclusive spaces, including gender-neutral facilities.

It comes after updated guidance from the Equality and Human Rights Commission (EHRC) stated that transgender people using single-sex facilities should do so based on their biological sex.

Council officers said it was committed to maintaining "trans-inclusive support" while meeting "legal obligations and responsibilities".

Oxford has the highest density of transgender and non-binary people outside of London, according to the census.

The proposals were put forward by Oxford Green Party councillor Dr Max Morris, who said they would help the trans community feel safe at a time when "moral panic" had led to "harassment and discrimination".

A person is wearing green glasses and a pink shirt. Behind them, to the right, is a tree. They are smiling.
Dr Max Morris put forward a motion recommitting the council to following trans-inclusive policies

Morris said there had been "a lot of uncertainty and a lot of confusion" about what the updated EHRC guidance meant.

"That is particularly affecting trans-plus people, who don't know if they're safe to go out in public spaces, whether they'll be able to use public facilities like most of us can freely."

Under the updated EHRC guidance, which covers the code of practice set out in the Equality Act, people assigned male at birth need to use men's toilets and changing facilities, unless a gender-neutral option is available.

But confusion still exists about how people can prove their biological sex and the powers people have to challenge someone.

For Dom Birch, a trans non-binary poet and educator who lives in Oxford, gender neutral facilities would make a difference to their everyday life.

Birch said they had experienced harassment in male toilets over their appearance, and did not go to the gym over concerns about the changing room arrangements.

"Most of the time it's more about confusion - the ladies is that way - but on occasion it's developed a little bit," they said.

"One particular incident in a nightclub bathroom, where somebody was just very drunk and being quite aggressive about my trans-identity."

Morris said they hoped by the city council showing leadership in supporting the trans community, other businesses, local authorities and community groups would follow suit.

"The real issue here is the uncertainty for an already marginalised minority group, but also for local businesses, charities, public service providers including Oxford City Council," they said.

"How on earth are we supposed to navigate this when the guidance is so unclear?"

A row of five public toilets. The doors are blue and the sighs have both male and female symbols.
Some public toilets in Oxford are already gender neutral

City council officers acknowledged there would be some places, including "listed buildings and other constrained settings", where providing a gender-neutral space was not possible.

A spokesperson said it would consider "what guidance and support may be needed for staff and volunteers responsible for managing facilities and activities".

The city council has agreed to work with local businesses and trans rights groups to ensure "the rights, dignity and privacy of trans and non-binary residents of Oxford are supported to the maximum extent permitted by law in the delivery of services".

Council leader Susan Brown will also write to the Minister for Women and Equalities calling for new legislation extending trans and non-binary peoples' rights and access to services.

Dr Mary-Ann Stephenson, chair of the EHRC, said the guidance "recognises that providing only separate-sex services can have a particular impact on trans people".

"A combination of single-sex and mixed-sex or individual facilities can be a proportionate way of meeting different needs," she said.

"There may be circumstances where a service legitimately needs to establish someone's sex.

"But the code explains that it's unlikely to be practical or appropriate to inquire about sex where those facilities are incidental to the primary service."