After a major change to its equality and diversity policy, the UK-wide charity has found itself at the centre of a storm

“A Guide is a good friend and a sister to all Guides.” For hundreds of thousands of young people across the UK, these are words to live by, values driven into you from an early age that will hopefully follow you into adulthood. 

But last week this universal pledge - ‘the Guide Law’ - was called into question as Girlguiding UK announced that trans women and girls would no longer be admitted to the organisation, having previously been welcomed. 

This controversy is just the latest decision taken by a charity following a ruling in April by the UK’s Supreme Court. The decision, which covers the meaning of sex under the Equality Act 2010, found that sex should be interpreted as “biological” sex only, meaning that, for the purposes of the act, a person’s legal sex is the one that was recorded at their birth, and obtaining a Gender Recognition Certificate (GRC) does not change your legal sex for Equality Act purposes.

As a result, a number of organisations have brought in changes to their policies, both in terms of membership and workplace. 

In England, the Women’s Institute, having admitted and welcomed trans women for more than 40 years, will in April be reversing this decision. Instead, it will be launching a national network of local “Sisterhood” groups, which will offer “monthly opportunities for all people, including transgender women, to come together to socialise, learn from each other, and share their experiences of living as women”.

In Scotland, Citizen’s Advice Scotland was warned by legal experts it may be discriminating against transgender staff after announcing a change to bathroom access.

Now, Girlguiding UK is the latest organisation to enforce a major policy change following the Supreme Court ruling.

A welcoming home for all

The Girl Guides across the UK had introduced a trans-inclusive diversity policy in 2018, affirming at the time that “simply being transgender does not make someone more of a safeguarding risk than any other person”. 

“We are a young people’s organisation,” the then-chief guide and chief executive told the Guardian in 2018. “Our focus has been, and will remain, providing our young members with opportunities to learn, grow and discover in a fun, safe, inclusive and legally compliant way.”

The organisation claims this policy is no longer in line with the law, and this is the reason for the decision taken last Tuesday, saying “many organisations across the country have been facing complex decisions about what it means for girls and women and for the wider communities affected”.

Denise Wilson, chair of the charity’s board of trustees, CEO Felicity Oswald chief guide Tracy Foster said Girlguiding UK had undergone and sought out “detailed considerations, expert legal advice and input from senior members, young members and Girlguiding’s Council, the Board of Trustees for Girlguiding”, but they had “reached the difficult decision that going forward membership of Girlguiding will be restricted to girls and young women, as defined in the Equality Act (2010)”. 

As a result, they said, while they are confident that most volunteers will not be affected, “trans girls and young women, and others not recorded female at birth, will no longer be able to join Girlguiding as new young members”. Whether adult volunteer roles previously reserved for women will still be allowed to be held by trans women remains unclear.

A legal battle (or two)?

The question of how exactly this decision was taken is still somewhat in the dark. The Times reported last month that Girlguiding UK was one of a number of organisations facing potential legal battles about their policies following April’s Supreme Court ruling. 

The pre-action letter, the newspaper said, alleged the organisation’s policy “exposes girls to harassment”, claiming the charity’ diversity policy “constitutes and encourages unwanted conduct which violates their (girls’) dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. This includes, but is not limited to: sharing toilets, showers or changing facilities with boys, contact sports with boys, and sharing accommodation with boys, all without their prior knowledge or consent.”

But legal experts have queried whether the ban itself is lawful, and warned Girlguiding UK could face legal consequences for the decision to exclude trans women and girls. 

The Good Law Project (GLP), a charity whose mission is to achieve change and government accountability through the law, has come forward and offered legal advice and support to those affected by the move. 

“We don’t think this is fair or right – and we would like to bring legal proceedings against them,” the group wrote in response to the decision last week. 

The basis of their challenge is that the Supreme Court ruling in April doesn’t require trans women and girls to be excluded, and that a move to exclude could may well be unlawful in itself. 

The GLP think that preventing women from running their organisations on a trans-inclusive basis – where they desire to – is likely to interfere with their right to freedom of association in a manner that will be difficult to justify. Meanwhile, the blanket exclusion of trans people from women’s organisations may also be a violation of their Article 8 right to respect for privacy, the group said, which requires that trans people are legally recognised as their acquired gender, rather than placed in an “intermediate zone” where they are treated as not quite one or the other.

Good Law Project offered its support to Girlguiding and others, especially after it was made clear that the group did not want to make this change. 

“It is more likely they have been bullied into submission by the costs of defending their policies of inclusion – they have decided they have no financial choice but to give in to the bullying,” the Good Law Project wrote. 

“We want to support women’s organisations who want to remain trans inclusive, and we think the law is on their side,” it added. “Good Law Project has previously offered legal and financial backing to several high profile national organisations threatened with legal challenges by anti-trans campaigners. We are prepared to consider doing this again if necessary.”

Hastily produced, and subsequently withdrawn, guidance from the Equality and Human Rights Commission (EHRC) in response to April’s Supreme Court ruling claimed that service providers and employers were now required to exclude, for example, trans women from women’s toilets. This was removed, and further guidance is being considered by the UK Government before implementation. Ministers have previously argued the EHRC’s interpretation was incorrect, and organisations could remain inclusive. 

Charity regulators in Scotland and elsewhere in Britain say they are awaiting the publication of this document before updating their own Equality Act guidance for charities.

A UK Government spokesperson told TFN: "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." 

An EHRC spokesperson told TFN: “All those who work at the Equality and Human Rights Commission, including our chair and Board of Commissioners, take our obligation to protect equality and champion everyone’s rights under the Equality Act 2010 extremely seriously. This includes upholding the rights of those with the protected characteristic of gender reassignment. A shared and correct understanding of the law is essential to that endeavour.

"Since the Supreme Court judgment on the definition of ‘sex’ we have consistently said that those with duties under the Equality Act 2010 should be following the law, updating their policies and seeking independent legal advice where necessary."

Expert opinion

Other legal experts also have questioned the legality of the move. Two barristers - Robin Moira White and Crash Wigley - both shared their own scepticism online at the validity of the move by Girlguiding UK, warning we are likely to see “further litigation” on these matters. 

Speaking to TFN, Ms White - a legal expert with a focus on employment and discrimination law - said it is incumbent on the government to step in and provide support to Girlguiding, as the possibility of expensive and protracted legal action could pose a threat to the organisation itself. 

“My question would be - if you have an eight year old trans girl who wants to be a brownie, how is her presence harassment?” she said. “They’re in the position they’re in because litigation was threatened. 

“As a charity with the resources they have, facing litigation from a group of people with nigh-infinite resources, puts them in an impossible position. What they need more than anything is decent guidance from the government.”

When asked by TFN whether she believed there is a possibility Girlguiding UK themselves would be breaching the law by implementing this blanket ban on trans women and girls, she replied: “Absolutely, yes. The problem is what do you do? Stand firm against it and face terrible costs, or throw trans people under the bus? That’s what they have done. They have made decisions based on a litigation threat.”

Ms White said that recent judgements relating to Leonardo and NHS Fife in Scotland had shown “none of the protected characteristics under the equality act are given precedence over another”, and that banning trans women from single sex spaces would be doing so. She said it is incumbent on the organisation to find a “resolution” to that. 

As Girlguiding UK was incorporated by Royal Charter, any changes to its organisational charter - which specifically refers to the organisation serving “girls” - would need to be undergo a process which would begin with a vote of the organisation, before a petition is taken to the UK’s Privy Council, a formal body of advisors to the monarch, normally made up of senior politicians, for consideration, before being signed off by the king himself. 

Neither the UK Government nor the Buckingham Palace press office responded to TFN when asked about intervening in Girlguiding UK’s case. 

Whatever the option taken, Ms White believes the burden should not be borne by Girlguiding, and that they should be allowed to focus on providing services for young people. A trans woman herself, she said the cruelty many feel exposed to by this change is “palpable”. 

“Girlguiding does immensely important work, it provides a facility in society of young people to grow and have experiences they wouldn’t otherwise. It’s a very important part of our society across Britain. They know that including trans kids, in a way that meets their needs and doesn’t affect other people, is perfectly possible and they have been doing this for decades.

“What I would like to see is frankly this organisation supported by government, not having to sue. The government should be stepping in. Putting that burden on charities, who should be spending their money on summer camps and supporting guides, shouldn’t have to be on the frontline of a legal fight. The same is true of every charity, every service provision organisation, that will be on the frontline of this fight in the coming months and years.”

She questioned whether the ban was enforceable, and whether volunteers on a local level will be “inspecting birth certificates” - suggesting that if members of Girl Guides are signed up on face value, the blanket ban suggested could be subverted. 

One size does not fit all

The mood among different parts of the organisation is mixed following the decision. Girlguiding UK operates a federated structure, with countries and regions of the UK running their own sections. 

While Girlguiding Scotland confirmed to TFN that the new policy would be enforced north of the border, other parts of the country have reacted differently. A local Guide group in Cambridge clarified it will remain trans-inclusive. Girlguiding Jersey has confirmed its intention is to enforce the ban. Other sections, including Girlguiding Wales, directed TFN to the national press office, and did not clarify whether a ban on trans women and girls would be implemented locally. 

But one region shared their own frustrations at the decision, suggesting that their position on trans-inclusion remains “unchanged”. 

In a statement, Girlguiding Anglia said: “We want to assure you that we are aware of the enormous impact that the recent decision by Girlguiding UK has had on our members. We know that this was not a decision that Girlguiding UK wanted to make or made lightly, and it has made many of us feel disheartened, lonely and unsure of the future. 

“We want you to know that we, as Anglia region, remain fully committed to being true to Girlguiding’s code of conduct and our Promise. Our position as allies and supporters of the entire LGBTQ+ community remains unchanged.

“Your voices as members of Girlguiding Anglia are incredibly valuable and we want to make sure that they continue to be heard and shape the future of our movement. This is a stressful time, and we hope you join us in remembering to be kind and compassionate to those around you, regardless of your opinions on the changes that we’re all being confronted with.”

TFN asked Girlguiding Anglia whether their “unchanged” position meant the ban would be ignored in their region. It did not respond. 

Public fallout and repurcussions

Public faces of Girlguiding UK have also shared their discontent, with one ambassador - Ashley James, a TV presenter on This Morning - stepping down from her role following the decision. Ms James said the decision had left her “devastated” and “truly heartbroken”, warning: “Trans girls experience the same threats as other women and girls - they are not a threat to us. They are our sisters.”

One of the charity’s trustees in the north west of England, Laura Pye, also resigned, writing on social media that while “many in Girlguiding North West feel the same way I do”, “as a region I can’t see a way in which we can fight it, that could and should have been done by Girlguiding UK”.

But it is in the Girlguiding workplaces across the country, and in the grassroots organisations, where the charity is likely to face the greatest backlash. 

Facebook groups of Girl Guides past and present are awash with disgust at the decision. Coordinated protests are planned in at least four cities this week - including Edinburgh - with more to follow.  Phone blockades and coordinated letter-writing campaigns are underway. Volunteers are planning to withhold subscriptions as whole units until the policy is changed. Open letters have been signed.

A campaign, Guiding for All, has amassed thousands of followers in just a few days, following the charity’s decision, while a petition on Change.org, has 34,000 signatures and counting. Another group, Guiders Against Trans Exclusion are coordinating an official response from within the charity, including advice on how to resign from units if volunteers feel the need to do so, following the ban. 

Massive groups have also gathered on WhatsApp and Instagram, sharing testimonials and coordinating next steps. The individuals behind Guiding for All said the overwhelming majority of those getting involved are just ordinary people who “don’t know a huge amount about trans people, but they know this is bullshit”. 

Those still involved with the charity and opposed to the ban say the huge response is the result of Girlguiding’s radical history of fighting gender norms, and opposing misogyny in all forms, being passed on to those who have at one point or another been members. 

One volunteer, Lily, is based in Edinburgh and spoke to TFN as someone who first joined the Girl Guides as an eight-year-old. She has been a Brownie, Guide, Ranger, Young Leader, and now adult Leader, but is disgusted at the decision taken by the charity’s leadership last week. 

"Closing the door on children": parents speak out

For parents of trans children, the decision is even harder to take. Estimates suggest between 1,000 and 2,000 trans young people participate in Girlguiding across the UK. A mum of two children in the Guides - including one trans girl - who attend a local group within Anglia spoke to TFN about her anger at the decision, and the impact it will have on her two daughters. 

“Instead of defaulting to exclusion I believe Girlguiding should explore every alternate route available. If the organisation feels unable to continue operating under the inclusive model it has upheld for so many years - one centred on kindness, belonging, and respect, then it should be looking closely at what operational or policy barriers are preventing that inclusion and working to remove them.

“This decision closes the door on children who need community the most and I urge Girlguiding to consider all available options that would negate a blanket ban. These children should not be collateral damage in social and political conflicts.

“This decision affects our family significantly and immediately. It sends a message to my eldest daughter that the values she has been taught by girlguiding such as kindness, inclusion, and courage do not apply equally to her sister because she is transgender. For my trans daughter it is profoundly painful and isolating. It sends a clear message to her and other children that their worth is conditional. That they are somehow disposable—once a valued member of the Girlguiding family and now potentially cast aside. They are being failed by society and now by Girlguiding.”

All of the volunteers, parents and staff - past and present - said they wanted to see the ban reversed. All said that local unit leaders were opposed to the move, and had been nothing but supportive. All felt incredibly let down by an organisation they had relied upon as a pillar of support and community. 

One former member of staff who spoke to TFN said the reason for the backlash was simple: “There’s a lot of brilliant women in Girlguiding who won’t take any shit.”

An ex-inquiries and information officer at the charity from 2019 to 2021, Riley also worked in the policy team at Girlguiding UK. They said of the policy at the time: “It was simple, it was that they were included and treated the same as any other girl - except when there were specific requests.

“We’d always been as an organisation openly but quietly trans-inclusive. There were trans women and girls for a long time and it was a non-issue. Before I joined, there was a decision taken to be more open about this to make it clear trans women could join. We did get some pushback, mostly positive comments, but it was quite nasty. Staff members had their addresses posted on line, things like that - people claiming to be protecting women by doxxing women. 

“I’m not saying none of that was from volunteers and staff, but the overwhelming majority wasn’t. It was mostly transphobic members of the public. By the time I arrived in 2019, we definitely got a lot of questions, but this isn’t an organisation that has a transphobic membership. It’s people who want to get on with crafting and kayaking.”

Now though, Riley said the decision shows a departure from the radical roots of Girlguiding. 

“I think they must reverse the decision and apologise to the people impacted. As much as they were under a lot of pressure to make this decision, there is no excuse to capitulate to this,” they said. 

“As an organisation we teach our girls to stand up to bullying. Girlguiding started as a response to a decision to exclude girls from the Scouts, they were protesting not being included in Scouting activities. There’s a history of quite drastic protests. The history of the organisation is about protest and standing up to bigotry in all forms. It’s about countering the image of what a real woman is. It’s steeped in not taking this kind of misogyny, and people are really proud of that.”

One mother, whose child has a disability and attends a Girl Guides group in central Scotland, told TFN there was no consultation with parents or volunteers, saying the charity has a “responsibility to their volunteers and leaders and to all the young people and their parents to be transparent”. She said that despite claiming to “hold up the values they so desperately parrot publicly”, Girlguiding UK had “buckled to transphobic pressures and frankly it's not good enough”. 

The mother added: “I have watched my shy, low self-esteem child blossom at Girl Guiding and they have always been accepted and cherished in all their groups by leaders and peers alike. 

“To have Girl Guides out of the blue announce this horrendous decision will have far reaching implications not just for my non-binary child but all trans kids and youths. Guides is a safe space for everyone. They preach unity and tolerance, kindness and empathy - and yet headquarters does this? It feels like a slap in the face.”

Pressure on volunteers and staff

The stress of the decision also extends to volunteers and staff. 

TFN understands that those working for Girlguiding UK, as well as the charity’s leaders and volunteer teams, have been told that speaking out publicly against this policy change would amount to bringing the charity “into disrepute”, and could see them stripped of their roles. 

Hundreds of local leaders have signed another petition which warns that unless this policy - on which volunteers were not consulted - is overturned, they will be forced to leave the organisation - putting the activities of the 300,000 strong charity in jeopardy. 

Jodie Hodgson joined Brownies at just eight-years-old, and at 31 is now a Guide Advisor in the Tees West Division in north east England - a role she took up shortly after trans women and girls were welcomed into the organisation. In this role, she is responsible for supporting Guide Leaders across the division and being their first point of contact for guidance, safeguarding concerns, and day-to-day challenges.

“This organisation shaped who I am. It has been my safe space, my community, and my moral compass. That is why what is happening now feels so profoundly painful and personal,” Jodie told TFN. “I made my promise to be a sister to all guides, to protect them, to champion them, and to make sure they felt safe and seen within our movement.”

She said there must be a “genuine” public apology, in particular to the “young people who have been directly affected, to those impacted indirectly, and to the volunteers who have been left trying to hold everything together with compassion but without support”. 

“The harm caused here is real, and it deserves to be acknowledged openly and honestly. Of course, I would like to see this decision overturned. I understand that doing so would require significant time, resources, and legal funding, especially when the opposing side appears to have far greater financial backing. I’m also realistic enough to know that this is unlikely to happen in a matter of weeks, or even months. But in the meantime, silence and minimal support are not acceptable. These young people deserve better, and so do the volunteers who have dedicated years of their lives to this movement.

“I am sharing this not out of anger, but out of deep heartbreak, loyalty, and what was love for an organisation that has decided a small percentage of girls are less important than legacy.”

The Scottish Charity Regulator OSCR has confirmed it is not assessing any concerns about Girlguiding as a charity, with a spokesperson adding: “Pending it being approved charities should continue to take specialist legal advice on their obligations under the Equality Act and Human Rights Act 1998 as required.”

The Charity Commission - England and Wales’s charity regulator - confirmed to TFN the charity has submitted a serious incident report in relation to this and they are monitoring any developments. The commission would only become involved if a breach of another regulator’s rules - such as the EHRC - indicated a wider failure of governance.

Girlguiding UK was asked to respond to the points raised by legal experts, volunteers and parents, but did not reply.