Issue - meetings

Notice of Motion by Councillor Kusznir

1. Notes the Supreme Court decision in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, clarifying legal protections for single-sex spaces.

2. Notes the declarator by Lady Ross in a judicial review brought by parents against Scottish Borders Council, affirming the requirement to provide single-sex toilets in schools.

3. Acknowledges reports of increased incursions into women-only spaces by activists following the For Women Scotland Ltd decision, highlighting the need for clear Council guidance on separate or single-sex spaces.

4. Recognises the ongoing work of Officers to update guidance for staff and building managers to ensure compliance with the judgment in For Women Scotland Ltd.

5. Further recognises that the Council await updated statutory guidance from both The Equality and Human Rights Commission and The Scottish Government.

6. Instructs the Chief Officer - Corporate Landlord, in consultation with the Chief Officer - People and Citizen Services, to develop a separate or single-sex space policy or policies, in line with statutory guidance, for Aberdeen City Council to ensure the protection of such spaces in Council-owned and operated buildings.

7. Directs the Chief Officer - Corporate Landlord to present the proposed policy/ies to Council or the relevant committee for consideration and approval.

8. Recognises that a similar request was previously rejected by the Communities, Housing and Public Protection Committee before the aforementioned court decisions on 23 January 2024.

9. Affirms the necessity of this policy/ies, as the current delegation of decision-making on single-sex spaces to individual building managers lacks an overarching framework, potentially exposing the Council to legal risks due to inconsistent decisions across different buildings.

to take no action in respect of the Notice of Motion.

The Committee had before it a Notice of Motion from Councillor Kusznir, referred from Council on 2 July 2025, in the following terms:-

That the Council –

1.       Notes the Supreme Court decision in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, clarifying legal protections for single-sex spaces.

2.       Notes the declarator by Lady Ross in a judicial review brought by parents against Scottish Borders Council, affirming the requirement to provide single-sex toilets in schools.

3.       Acknowledges reports of increased incursions into women-only spaces by activists following the For Women Scotland Ltd decision, highlighting the need for clear Council guidance on separate or single-sex spaces.

4.       Recognises the ongoing work of Officers to update guidance for staff and building managers to ensure compliance with the judgment in For Women Scotland Ltd.

5.       Further recognises that the Council await updated statutory guidance from both The Equality and Human Rights Commission and The Scottish Government.

6.       Instructs the Chief Officer - Corporate Landlord, in consultation with the Chief Officer - People and Citizen Services, to develop a separate or single-sex space policy or policies, in line with statutory guidance, for Aberdeen City Council to ensure the protection of such spaces in Council-owned and operated buildings.

7.       Directs the Chief Officer - Corporate Landlord to present the proposed policy/ies to Council or the relevant committee for consideration and approval.

8.       Recognises that a similar request was previously rejected by the Communities, Housing and Public Protection Committee before the aforementioned court decisions on 23 January 2024.

9.       Affirms the necessity of this policy/ies, as the current delegation of decision-making on single-sex spaces to individual building managers lacks an overarching framework, potentially exposing the Council to legal risks due to inconsistent decisions across different buildings.

Councillor Kusznir was in attendance and spoke in support of his Notice of Motion.

Councillor Kusznir moved, seconded by Councillor Boulton:-

That Committee approve the Notice of Motion.

The Convener, seconded by the Vice Convener, moved as an amendment:-

That the Committee take no action in respect of the Notice of Motion.

On a division, there voted:- for the motion (2) – Councillors Boulton and McLeod; for the amendment (7) – the Convener; the Vice Convener; Councillor David Cameron, the Lord Provost; and Councillors Macdonald, McRae, Thomson and Yuill.

The Committee resolved:-

to approve the amendment and take no action in respect of the Notice of Motion.