Guide · 15 July 2026

Policy review checklist

A checklist for reviewing a trans-inclusion policy before, during and after a legal or guidance change — legal alignment, proportionality, documented rationale, and a dated review schedule.

By Joanne Lockwood · 4 min read

When to use this

Use this checklist to review a trans-inclusion policy on a schedule — not only under pressure. A policy with a dated review and a named owner is a governance position; a policy without one is a static answer to a question the law keeps asking. Legal and guidance changes are a trigger for review, not the only reason to do one. The EHRC statutory Code of Practice on Services, Public Functions and Associations comes into force on 5 August 2026 (with the 2011 Code revoked the same day) — that is a concrete trigger for reviewing your policy now.

How to use this template

Work through each group. Tick the box only when you can evidence the point — not when you think it is probably fine. Where you cannot tick a box, that is an action, not a gap. Note the owner and the date for each action.

  • The policy correctly identifies which protected characteristics are engaged — sex and gender reassignment, treated as two separate characteristics.
  • The policy reflects that “sex” in the Equality Act 2010 means biological sex, following For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, and does not misstate the effect of that decision.
  • The policy does not treat gender reassignment as subordinate to, or collapsed into, sex.
  • Any reliance on a Schedule 3 exception is framed as a permissive power, not a duty to exclude, and is applied case by case.
  • The policy records that the EHRC statutory Code (in force 5 August 2026) has been had regard to.
  • The public sector equality duty (s149) is reflected — due regard to sex and to gender reassignment, separately.

Scope and definitions

  • The policy’s scope is clear — who and what it covers.
  • Key terms are defined in plain English (e.g. sex, gender reassignment, trans, single-sex, separate-sex).
  • Definitions do not overstate certainty or stray from the statutory language.

Proportionality and exceptions

  • Any restriction is framed as a proportionate means of achieving a legitimate aim, case by case.
  • The policy does not apply a blanket rule where a case-by-case approach is required.
  • Restriction is presented as a last resort, not a default.
  • An inclusive or mixed option is considered before any restrictive option.

Documentation and rationale

  • The policy requires an EqIA for decisions it triggers.
  • The policy requires a decision record for each contested decision.
  • The rationale is recorded, not just the outcome.

Data and monitoring

  • Any collection of gender-history information is justified by a defined purpose and a lawful basis.
  • A DPIA is referenced where special-category data is processed.
  • Data minimisation is built into the policy, not left to practice.

Governance and accountability

  • A named owner is assigned to the policy.
  • A named owner is assigned to each decision the policy triggers.
  • Complaints are routed through a single, traceable process.

Communication and training

  • Staff have been briefed on the policy and its rationale.
  • The policy is communicated to those it affects in accessible language.
  • Training covers case-by-case decision-making, not blanket rules.

Review schedule

  • A review date is set and recorded.
  • A named review owner is assigned.
  • Triggers for earlier review are listed (e.g. a change in law, guidance, or circumstances; a pattern of complaints).

Actions arising

ActionOwnerDue date

Review completed by: Date: Next review date:

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.

Take this further

  • Policy Hardener

    Uploads the policy you are reviewing and stress-tests it against trans-inclusion criteria, surfacing the gaps a checklist might miss.

  • Policy Foundations

    Rebuilds the seven-area foundation so the reviewed policy rests on a complete base, not a patched one.

  • Policy review

    For a policy that is central or contentious, a specialist review weighs the revisions against the law and the lived risk.

Sources

Related reading

Decision record

The record to keep for every contested trans-inclusion decision — the question, the facts, the legal basis, the options considered, the proportionality justification, and the review date that keeps it defensible.

Board or trustee decision paper

A template decision paper for contested trans-inclusion decisions at board level — frames the question, the legal context, options, risks, and the proportionality rationale trustees need to see and approve.

Complaints and escalation log

A log for complaints about trans inclusion and their escalation — captures the issue, the decision challenged, the response, the owner, and the outcome, so the organisation can show a consistent, traceable process.