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Leading mental health charities warn of significant risks of EHRC guidance to the mental health and wellbeing of trans and non-binary people

8 December 2025

Proposed new Equality and Human Rights Commission (EHRC) guidance on the Equality Act poses a major risk to the mental health of trans and non-binary people, leading mental charities said today.

15 charities have written to equalities minister Bridget Phillipson MP urging her to safeguard the mental health of trans and non-binary people across UK.

The guidance, submitted to the Government by the EHRC in September following the Supreme Court ruling on the definition of a person’s sex under the Equality Act, risks limiting the protection and inclusion of trans and non-binary people in essential public services.  

Reports last month warned that the guidance in its current form could lead to trans people being barred from single sex spaces based on how they look.

The organisations – including Centre for Mental Health, Mental Health Foundation, Mind, Rethink Mental Illness, and Royal College of Psychiatrists and Samaritans – said in a joint statement:

“As mental health organisations, we are deeply concerned about the harm this guidance could cause. Mental health depends on people feeling safe, valued and respected. Living in fear of abuse, discrimination or humiliation is a major risk factor for poor mental health and trans and non-binary people already experience some of the highest rates of mental ill health in the UK, driven by stigma, exclusion and barriers to affirming care. The proposed guidance risks deepening these inequalities, undermining people’s dignity, safety and access to support … Mental health services should be places of refuge, not risk, and equality protections must strengthen, not erode, the conditions that enable people to feel safe and supported.”

The charities also warned of the of the impact on mental health services highlighting the need for care that is gender-affirming, compassionate and safe.

Bridget Phillipson said last month that the Government is considering the guidance and that they needed time to “get this right”. The charities have requested that Bridget Philipson meet with them to discuss their concerns.

Andy Bell, Chief Executive of Centre for Mental Health said: “If trans and non-binary people do not have access to safe spaces for mental health care, they risk missing out entirely on support – exacerbating the inequalities that already exist in access, experiences and outcomes. We hope the Minister will meet with us to discuss how we can work together to safeguard the mental health, dignity and equality of trans and non-binary people across the UK.”

The full list of charities who have signed the letter are Centre for Mental Health, Beat, Be Free Campaign, Children and Young People’s Mental Health Coalition, Mental Health Foundation, Mental Health Matters, Mental Health UK, MHFA England and Association of Mental Health First Aiders, Mind, National Survivor User Network, The McPin Foundation, Rethink Mental Illness, Royal College of Psychiatrists, Samaritans and Student Minds.

Read the letter

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