When to use this
Use this template to record every contested trans-inclusion decision — one that could be challenged, reviewed, or revisited. The record is the defence: an undocumented decision is defensible under no version of the law. Record the reasoning, not just the outcome. A decision that survives scrutiny is one where a reader can follow how you got from the facts to the conclusion.
How to use this template
Complete the record at the point of decision, not afterwards from memory. Be specific. Name the decision-maker. Reference the authority you had regard to. The proportionality justification is the most important section — do not leave it blank or boilerplate.
A reader who was not in the room should be able to follow the reasoning from the facts to the outcome without guessing. If a section does not apply, say so and why — an empty field is a gap; a field marked “not applicable, because…” is a record. Keep the language plain and factual. Avoid jargon, and avoid overstating certainty: the law on sex and gender reassignment is settled in some respects and still developing in others, and a record that is honest about that is more defensible than one that pretends otherwise.
Decision
Decision: Reference: (internal ID) Date: Decision-maker: (named) Approved by: (if different)
Summary
One-paragraph summary of the decision and its rationale:
Facts
What are the relevant facts? (Record the evidence — not assumptions.) What problem prompted the decision? Who is affected?
Legal basis
Equality Act 2010 provisions: (Which protected characteristics are engaged — sex and gender reassignment, separately? Which Schedule 3 exceptions, if any? Note that exceptions are permissive powers, not duties to exclude, and require a proportionate means of achieving a legitimate aim, case by case.) Case law: (For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 held that “sex” in the Equality Act means biological sex. It did not require exclusion of anyone and did not affect gender reassignment as a separate characteristic under section 7.) EHRC Code / other authority had regard to: (The EHRC statutory Code of Practice on Services, Public Functions and Associations comes into force on 5 August 2026. It is guidance an organisation must have regard to — not law itself. Record that you have.) Public sector equality duty (s149): (Due regard to sex and to gender reassignment, separately.)
Options considered
Option A — Do nothing: Option B — [Describe]: Option C — Inclusive or mixed option: Options rejected and why:
Proportionality justification
Legitimate aim: Rationally connected: (Will the decision achieve the aim?) Least restrictive: (Is there a less restrictive option that would also achieve it?) Balanced: (Weigh the needs of those who benefit against the impact on those restricted — including trans people. Is the balance fair?) Case by case: (Confirm this is not a blanket rule. How was the individual circumstance considered?)
Equality impact assessment
EqIA reference: Summary of EqIA findings:
Consultation and evidence
Who was consulted? What did they say? What evidence was relied on?
Mitigations
Mitigation: Owner:
Outcome
Decision taken: Effective from: Conditions or caveats:
Review
Review date: Review owner: Trigger for earlier review: (e.g. a change in law, guidance, or circumstances)
Sign-off
Decision-maker: Date: Second reviewer: (where required)
This template provides general information and does not constitute legal advice. It is a scaffold to support your own documented, proportionate decision-making. Adapt it to your context and take specialist advice where your decision warrants it.