Associate Jennifer Scott, in our Charities & Education team, looks at the Charity Commission's update.
The Charity Commission has today issued an important interim update urging charities not to wait for further sector-specific guidance before taking steps to comply with the Equality and Human Rights Commission's (EHRC) updated Code of Practice for Services, Public Functions and Associations, which is due to come into force as statutory guidance on 5 August 2026.
The announcement serves as a clear reminder that trustees remain responsible for ensuring their organisations comply with Equality Law and that delays in preparing for the new requirements could expose charities to governance and regulatory risk.
What has the Charity Commission said?
The Commission has emphasised that the EHRC's updated Code will soon have legal status and will apply to charities alongside other organisations that provide services, exercise public functions or operate as associations.
The Commission specifically highlighted that charities should begin considering how they will comply with the Code, particularly where it reflects developments arising from the Supreme Court's decision in For Women Scotland v Scottish Ministers, which confirmed that, for the purposes of the Equality Act 2010, references to "sex" mean biological sex.
The regulator noted that, depending on the nature of a charity's activities, appropriate preparatory steps may include obtaining specialist legal advice to assess the impact of the new Code on policies, service delivery and governance arrangements.
Why is this significant?
Many charities have been awaiting sector-specific guidance from the Charity Commission following the Supreme Court judgment and the EHRC's subsequent revision of its Code of Practice. The Commission has confirmed that updated charity-focused guidance is currently being prepared and is expected to be published in the autumn.
However, today's message is unequivocal: charities cannot defer compliance until that guidance is available. The Commission expressly states that trustees are responsible for ensuring their charity complies with the law and the EHRC Code once it becomes legally enforceable. It further warns that unreasonable delays in taking steps towards compliance may be viewed as a breach of trustee responsibilities.
This is a notable regulatory signal that charities should already be undertaking risk assessments and reviewing their current arrangements.
What does the EHRC Code do?
The updated EHRC Code is intended to provide practical guidance on compliance with the Equality Act 2010. It applies to organisations providing services, exercising public functions and operating associations, and reflects significant legal developments since the previous version was published over a decade ago in 2011.
Among other matters, the updated Code addresses:
the legal implications of the Supreme Court's interpretation of "sex" under the Equality Act 2010; the operation of single-sex and separate-sex services; circumstances in which organisations may lawfully ask about an individual's sex; equality monitoring and data collection; and the continuing protections afforded to individuals possessing protected characteristics under the Equality Act.
What should charities be doing now?
Although the precise steps required will vary depending on each charity's activities, trustees should consider:
- Reviewing their governing documents and policies
Charities should ensure they are familiar with their charitable objects and assess whether their equality, inclusion, membership, volunteering and service delivery policies remain consistent with current legal requirements.
- Identifying affected services
Organisations operating single-sex services, membership structures or activities targeted at particular beneficiary groups may need to consider the implications of the revised Code particularly carefully.
- Reviewing governance and risk management
Trustees should ensure that the organisation has appropriately considered legal, operational and reputational risks arising from the evolving legal landscape and how communications will be delivered effectively internally and externally.
- Seeking legal advice where appropriate
The Commission expressly recognises that some charities may need specialist legal advice to understand how the Code applies to their specific circumstances.
- Preparing for further Charity Commission guidance
The anticipated Autumn guidance is expected to supplement trustees’ understanding of how the EHRC Code affects their charity, but the Commission have expressly stated that their guidance will not alter the legal principles set out by the April 2025 Supreme Court judgement. As such, trustees should take steps to prepare for compliance and seek legal advice, where needed.
Conclusion
Today's announcement provides the clearest indication yet that the Charity Commission expects proactive engagement from trustees. The regulator's message is that compliance obligations arise from the Equality Act and the EHRC Code itself, and not from the publication of additional guidance.
Trustees should therefore use the coming weeks to review their organisations' position, governance arrangements and service delivery models to ensure they are prepared for the new regulatory environment.
For charities navigating these changes, early legal review and careful governance planning will be key to managing risk and ensuring compliance. This is something that our team can help and advise in relation to if needed.
For further information or legal advice on fundraising marketing for charities, 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.
