Why we must respond to the EHRC Consultation – and refuse to be silent
Authored By: Luca Straker, CEO
On Monday 16 June, I attended a Q&A session hosted by the Equality and Human Rights Commission (EHRC) regarding their current consultation on proposed updates to the Code of Practice.
We received the invite because we reached out to the EHRC and asked. These updates follow a Supreme Court ruling that could have serious implications for trans people’s access to spaces and services.
Let me be clear: our organisation has submitted a formal response to the EHRC consultation – and I strongly urge everyone to do the same.
Because if we don’t speak now, we risk being written out of our own future.
A MEETING THAT SPOKE VOLUMES
The Q&A was attended by many prominent LGBTQIA+ organisations and individuals. It was chaired by EHRC’s Baroness Kishwer Falkner, and conducted in a tightly controlled format: our microphones were muted throughout and only unmuted when called upon to speak.
When asked whether these meetings would impact the consultation outcome, Baroness Falkner made it clear: only formal consultation responses will count. These meetings, she said, were to "gauge views and language" but not to influence the outcome.
In other words, it was observation, not a meaningful contribution.
When asked who had been invited to these closed-door meetings, we were told the list of organisations wouldn’t be published, unless someone submitted a Freedom of Information request.
LEGAL ADVICE FOR THE FEW
I also raised concerns about the EHRC encouraging organisations to seek their own legal advice on interpreting the revised code. For small charities and grassroots groups – including many trans-led and community-focused organisations – this is simply unfeasible.
The response? It’s your legal responsibility to operate within the law.
There was no acknowledgment that this "guidance" will leave many in our communities scrambling to decipher what’s lawful, what’s discriminatory, and what’s survivable. Also there is a lot in the proposed guidance that is at odds with our organisational values and charitable goals. So we will have to very closely at how we can navigate this without violating the law or reneging on our promise to the Charity Commission and those we represent.
“There will always be facilities for everyone”
One of the most worrying moments came when the conversation turned to facilities and access. Baroness Falkner said there would "always be facilities for everyone."
When asked if this meant safe and affirming facilities for trans people. There was no answer.
When another attendee raised real-world examples of trans people being outed or excluded, it was claimed by the EHRC that they couldn't imagine such scenarios happening under this ruling.
The reality? It’s already happening.
engagement without listening
We were told that the EHRC "continues to engage with LGBT organisations."
But when we asked what that engagement looks like, or how it could be "continuous" when this was a one-off session, we were met with vague answers and no clear plan.
Speak now – because we’re not done
I left that session feeling deeply frustrated and yet, more determined than ever.
We cannot afford to let consultations like this pass us by. Because if we don't speak, the EHRC will proceed as though we were fine with it. As though we were in the room and simply nodded along.
We weren’t. We’re not.
And we’ve seen a lot of LGBTQIA+ organisations publicly state why they refused to go and we hear them. We understand and respect their decision. We considered what was best for our organisation, our community and decided it was best for us to attend. But we completely support those who refused the invite. We are a united front.
Please, if you care about trans rights, about inclusive communities, about fair access to services – take the time to respond to the EHRC consultation. You don’t need to be a lawyer. You don’t need to have all the answers. You just need to show up and speak from your truth.
We’re working on our response right now, and we’ll share what we can to support others in making theirs.
If you need fuel for your fire, listen to our podcast.
We talk about what’s at stake – and why we won’t be silent.
Stay angry. And then use this anger to enact positive change.