Scottish Government has seven days to respond to new For Women Scotland legal case

For Women Scotland successfully challenged the government in a case that saw the apex court rule that “sex” in law means biological sex.

Despite April’s ruling, ministers have failed to update guidance for schools and prisons that the group says is now unlawful.

Current official guidance still treats “sex” and “gender identity” interchangeably, allowing men to be housed in women’s prisons and schoolchildren to share mixed sex facilities.

For Women Scotland last month began legal proceedings against ministers in a bid to force them to update this guidance.

The government had 21 days to respond but now FWS has escalated the issue, lodging a summons with the Court of Session.

Government officials now have seven days to respond.

Trina Budge of the grassroots gender-critical campaign group said: “The Scottish Government now has seven days to submit any defence to the Court of Session.

“We wait with interest to see their justification for keeping in place policies that instruct prisons to house male murderers alongside women and school to allow boys access to girls getting changed.

“We understand this to be contrary to the Supreme Court judgment that single-sex spaces for women must be on biological sex.”

Edinburgh city council recently became the first to break ranks and describe the government’s schools guidance as “unlawful”.

It has taken matters into its own hands and published its own guidance on single-sex spaces, which went before an education committee last week.

Elsewhere, councils say they are awaiting official leadership from the government before making changes to policy.

A Scottish Government spokesman said it would be inappropriate to comment on live court proceedings.

“The Scottish Government has made clear it accepts the Supreme Court ruling and since April has been taking forward the detailed work that is necessary as a consequence of the ruling,” he added.

“That work is ongoing.”