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Practical guidance on your rights, what to do if you're challenged in a toilet or changing room, and where to get help if something goes wrong.
This guide has been reviewed by solicitors at Russell-Cooke LLP prior to publication.
The EHRC statutory Code of Practice for Services, Public Functions and Associations that came into force on 5 August 2026 is not “the law” and does not create new legal obligations or offences. Specifically, it does not create any new criminal offences, nor does it give the police new powers to arrest people for using a particular toilet.
If an organisation misapplies the Equality Act 2010, disputes are most likely to arise as a civil discrimination, human rights or other civil proceedings claim, rather than through police enforcement.
The Code of Practice states that trans+ people should use bathrooms and single sex spaces that are aligned with their sex assigned at birth, if there is no third or accessible space and only single sex facilities are available. This applies whether or not someone has a gender recognition certificate.
The Code does state however that “In the case of services which are necessary for everybody, such as toilets, it is very unlikely to be proportionate to put a trans person in a position where there is no service that they are allowed to use.” (Para 13.148)
You are not legally required to carry or show any form of ID, or to prove anything about your sex assigned at birth, just to use a toilet or changing room.
Gender policing by venue/service staff or the general public is not advised by the EHRC Code of Practice, which states at paragraph 13.165: “Discrimination or harassment could occur if, for example, individuals are asked about their sex in a way that requires them to disclose this information in public, or if the language or manner of a request is rude, combative or offensive.”
Photography in public places is generally lawful. However, a bathroom or changing room is not public in that sense, even within a venue open to the public.
Anyone using such facilities will usually have a strong expectation of privacy. Recording or photographing someone inside a bathroom without consent may amount to a criminal offence, depending on the circumstance.
A photo taken to expose or shame someone as trans+ may amount to harassment, or otherwise be unlawful depending on the circumstance.
You do not have to justify yourself to another member of the public. It is generally the organisation, rather than individual customers or visitors, that is responsible for managing access to its facilities. Staff should not require you to disclose such information in public, or if the language or manner of a request is rude, combative or offensive to you.
If a staff member raises an issue about you being in a bathroom or other space, try to remain calm and ask to speak to a manager. Front-line staff are not always authorised to make decisions about access, and asking for the issue to be escalated may help ensure it is dealt with more appropriately.
If someone is filming or photographing you, you can ask them to stop and explain that you do not consent to being photographed or recorded. You can also ask them to delete any images or footage they have taken.
This may be especially appropriate in places where people would normally expect privacy, such as bathrooms or changing facilities. If they don’t stop, consider seeking assistance from staff, security or venue management rather than handling it alone.
Prioritise getting somewhere safe over resolving things on the spot. Your immediate safety and physical wellbeing are the most important thing.
If you experience threats, intimidation, violence, stalking or other conduct that may amount to a criminal offence, consider reporting it to the police. You can also report incidents anonymously through the True Vision hate crime reporting service.
If you are in immediate danger, contact the emergency services on 999.
Do your best to stay calm and, if it feels safe to do so, stand near the person and ask if they’re okay. Sometimes having someone alongside them can help de-escalate a situation.
You could offer to stay with them and/or walk out together. If it’s safe, make a note of what happened and you can consider recording events. Afterwards, ask what they’d like help with, rather than making assumptions. They may want practical assistance or simply someone to stay with.
Write down what happened as soon as you can. Date, time, location, what was said, who said it, whether anyone else saw it, and whether a photo or video was taken or shared. If you have relevant emails, messages, screenshots etc. keep copies. A contemporaneous record can be helpful if you later decide to make a complaint, or seek advice so a record of information matters.
Consider raising the issue directly with the organisation, in writing if possible. Many service providers will investigate concerns once they are formally reported and a written complaint creates a record of the complaint and any response (or lack of).
If you were photographed or filmed in a toilet, changing room or other private space, or if you were subjected to threatening, abusive or harassing behaviour, you may wish to contact the police. Whether a criminal offence has been committed will depend on the facts and the legal requirements of the relevant offence.
If you believe you have been treated unlawfully by a service provider, venue or public body, you may also have rights under the Equality Act 2010. Claims relating to services are generally brought in the County Court and are subject to strict time limits, usually six months less one day from the act complained of.
If a photograph or video of you has been shared online, there may be several avenues to pursue at the same time. These can include reporting the content to the platform, making a complaint to the Information Commissioner’s Office (ICO) where appropriate, and seeking legal advice about removal of the material or other remedies.
If you are unsure where to start, you may wish to contact the Equality Advisory Support Service (EASS), which provides free and confidential information and guidance on discrimination issues.
You may also wish to reach out to TransActual or Good Law Project. Both take on casework for the trans+ community and can point you to solicitors who specialise in this area.
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