Report Summary
Issued 11 May 2026 this FOI response relates to legal advice, planned actions, costs, and corporate risk register information related to the Supreme court judgement on sex and gender. Partial disclosure - some information is considered exempt from disclosure or not held.
To access the full document please open the PDF document above.
To view as accessible content please use the sections below. Note that some tables and appendixes are not available as accessible content.
Request
Your request for information dated 16 April 2026 is copied below.
As the Scottish Police Authority will be aware, the Supreme Court judgement of April 2025 regarding the definition of ‘sex’ in the Equality Act 2010 was that sex was biological and binary. Later that year, in September, the Equality & Human Rights Commission [EHRC] published a statement:
We have been clear that service providers, associations and public functions should not wait for the code of practice to be published to make any changes needed to comply with the law. As duty-bearers they must assure themselves of their legal responsibilities in their own specific circumstances and seek independent legal advice where necessary.”
In the context provided by both the Supreme Court judgement and the statement issued by the EHRC and in terms of the provisions of the Freedom of Information [Scotland] Act 2002, I write to ask that the Scottish Police Authority provides me with the following information:
1. Has Scottish Police Authority obtained their own legal advice on complying with the judgement and with all relevant legislation and regulations ?
2. If the answer to this is yes, can you please provide me with:
a. A copy of the legal advice obtained by Scottish Police Authority
b. The total cost to Scottish Police Authority of obtaining that advice
c. A copy of any planned actions, including timetables Scottish Police Authority has drawn up based on the advice received and ensuring that the Scottish Police Authority will be compliant, as an employer and as a service provider, with the judgement and with all relevant legislation and regulations
d. A note of the total costs anticipated to Scottish Police Authority of changes needed to policy and practice to ensure compliance with the judgement and with all relevant legislation and regulations
3. If the answer to question 1 is no, can Scottish Police Authority provide copies of papers and minutes which cover the decision-making process deciding not to obtain legal advice ?
4. Has Scottish Police Authority flagged the reputational, financial and other risks associated with non-compliance with the judgement and with all relevant legislation and regulations, in the Scottish Police Authority Corporate Risk Register ?
5. If yes, can you please provide me with a copy of the Corporate Risk Register entry ?
6. If no, can you please provide me with a copy of papers, emails and any relevant correspondence associated with a decision not to include the matter in the Corporate Risk Register.
