Jennifer Scott and Oliver Newbery, in our Charities & Education team, outline the Charity Commission’s response to widespread uncertainly experienced by Charities following the ruling of Women Scotland Ltd.
Since the publication of our last blog titled, ‘The Landmark Ruling of Women Scotland Ltd v Scottish Ministers and What it Means for Charities’, the Charity Commission has provided some reassuring advice to those charities that decided to wait for further guidance from the Equality and Human Rights Commission.
The Open Letter
This advice came in response to a letter written by Penny Wilson (Charity Consultant and former CEO of Getting On Board) to David Holdworth, the CEO of the Charity Commission for England and Wales on the 10 December 2025.
Penny’s letter set out concern of ‘external actors seemingly forcing trustees to make decisions which they don’t want to make.’ In the letter Penny provides 5 practical suggestions to the Commission. Two of her suggestions asks for the Commission to confirm that Charities will not be penalised whilst waiting for legal certainty on the implementation of the Women Scotland ruling.
The Response
In the Charity Commission’s response, David Holdworth made two points of particular interest. The first being that it is reasonable for trustees to wait for the final statutory guidance. This is reassuring given the looming threat to Charities who are threatened with legal action for ‘failing’ to follow the Supreme Court ruling in Women Scotland Ltd. The second being the last paragraph of the letter:
‘For all the reasons you and others have noted, including to give guidance to charities and other regulators, it is vital that the EHRC’s Code of Practice is published as soon as reasonably practicable. I have now written to Ministers to that effect setting out some of the serious impacts on the sector and the need for urgent improved clarity and guidance.’
This should provide Trustees with reassurance that the Charity Commission is aware of the issues involved and are urging for guidance to be provided.
At the time of writing the draft code sent by the Equality and Human Rights Commission to Bridget Philipson, The Minister for Women and Equalities, still awaits approval.
What Does this Mean in Practice?
Charities that exclusively provide benefits for women or men may need to re-examine their constitution to make it compliant with the Supreme Court ruling. Currently, government advice is that ‘associations should set their policies in line with the law. If organisations are uncertain as to how to apply the Equality Act, they should obtain legal advice.’ The Charity Commission has stated that whilst the Code of Practice is being finalised it is ‘a reasonable decision for trustees to await the final statutory guidance, or alternatively to seek legal advice relevant to their charity’s position and make changes as they consider necessary’.
This is a complex and politicised area of law where charities should seek professional legal advice.
We will continue to review the evolving status and the impact it will have on the third sector.
For further information or legal advice on complying with your Charity’s Constitution or creating an effective Equality policy, please email law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
