Single-sex services and the Equality Act 2010: an essential update for almshouse charity trustees

Wednesday 5 August 2026: updated EHRC guidance for service providers comes into effect

In April 2025, the Supreme Court clarified in For Women Scotland v The Scottish Ministers that “sex” in the Equality Act 2010 (the Act) means biological sex, or sex registered at birth. This is an important clarification for almshouse charities providing single-sex or separate-sex services to almshouse beneficiaries.

The general rule under the Act is that service providers must not discriminate because of a protected characteristic, including sex or gender reassignment. This means that, unless an exception applies, an almshouse charity should not exclude someone because of their sex or trans status, or segregate men and women.  This article looks at relevant exceptions under the Act and trustees’ duties to ensure compliance.

The meaning of “sex” and “gender reassignment”

The protected characteristic of sex refers to being a man or a woman. The Supreme Court has confirmed that, for the purposes of the Act, this means biological sex and this is not changed by a Gender Recognition Certificate which changes someone’s legal sex for other purposes.

The protected characteristic of gender reassignment applies broadly to people who are proposing to undergo, are undergoing, or have undergone a process of reassigning sex by changing physiological or other attributes of sex.

The charities exception

The Act includes a specific exception for charities, that allows a charity to discriminate by limiting the group of people it helps in certain circumstances. This is known as the ‘charities exception’. An almshouse charity may rely on the charities exception where the charity’s governing document only allows people who share a protected characteristic (such as sex) to benefit, and where the restriction can be justified because it either (a) prevents or compensates for a disadvantage linked to that characteristic, or (b) it is a proportionate means of achieving a legitimate aim.

For almshouse charities, the starting point is therefore the charitable instrument: for example, a trust deed, Charity Commission Scheme, articles or constitution. Trustees should check whether the governing document clearly restricts benefits to people who share a protected characteristic (e.g. men or women) and if it does, they should assess whether that restriction can still be justified in current times.

Proportionality requires trustees to consider whether the restriction is appropriate and necessary, whether the reasons outweigh the discriminatory impact, and whether a less discriminatory route could achieve the same aim. Trustees must carefully document the charity’s legitimate aim and proportionality assessment, and keep this under routine review. 

Single-sex and separate-sex services

Separate services for men and women may be lawful where a joint service would be less effective and where this approach is a proportionate means of achieving a legitimate aim.

A single-sex service may be lawful where providing it to one sex only is a proportionate means of achieving a legitimate aim and one of the statutory criteria applies. The criteria include that only one sex has need of the service and that a joint service would be less effective.

Where the exception applies, service providers can defend direct sex discrimination claims from people who are excluded on the basis of their sex.

The Supreme Court ruling means that a service which includes trans people whose biological sex is different from the intended beneficiary group is not a single-sex service for the purposes of the Act. For example, if a women-only almshouse charity admits trans women, the service will be mixed sex and the charity will be unable to rely on the single-sex exception to defend sex discrimination claims brought by men.

There is a further exception which enables service providers to exclude a trans person whose biological sex falls within the intended group. For example, a women-only almshouse charity may be able to turn away a trans man applying to become a resident, but only if that decision is a proportionate means of achieving a legitimate aim, taking into account the individual circumstances and the reasonable impact on other residents. This must be assessed on a case-by-case basis.

Practical steps for trustees

Trustees should review their governing document (and in particular their purposes), admissions criteria, resident information, policies and staff guidance. Consideration should be given to the charity’s values and ethos, the needs and expectations of residents, stakeholder and donor views, reputational risk, and the possibility of complaints or claims from people with different protected characteristics.

Where a restriction is intended to be based on sex, documents should be clear what this means. Policies and practices must ensure confidentiality, compliant data handling, and respectful communication when asking for and handling sensitive information, including about sex or gender reassignment.

Decisions should be reasoned, evidenced, carefully documented and regularly reviewed.

If it is determined on review that the charities’ exception or other exceptions no longer apply, the charity’s purposes would need to be changed, and legal advice may be required.

EHRC Code and Charity Commission update

The new EHRC Code of Practice has now been published and comes into effect on 5 August 2026. It is available here: Equality Act 2010: Code of Practice for services, public functions and associations, 2026 – GOV.UK.

The Charity Commission has issued an interim update stating that charities should take steps to comply with the Code and the clarified legal position on the meaning of sex. It aims to publish updated charity guidance in the Autumn, but has made clear that charities do not need to wait for that guidance before seeking to comply with the law. The Commission has stated that unreasonable delay in taking steps towards compliance may be considered a breach of trustee responsibilities. Almshouse charity trustees should therefore treat this as a prompt to review and seek advice on relevant policy and practice.

The information in this article is necessarily of a general nature. The law stated is correct as at 28 July 2026. Charities should seek specific legal advice in relation to specific situations.

Please contact Alacoque Marvin or Joanna Blackman at Wrigleys Solicitors LLP with any queries arising from this article.

posted 5 August 2026

DIGITAL SWITCHOVER: What almshouse charities need to do to ensure residents’ telecare equipment continues to operate.

Article contributed by appello.co.uk

What is the PSTN digital switchover?

The PSTN (Public Switched Telephone Network) has powered UK landlines for over a century but this old copper network is now unreliable and costly to maintain. It’s being replaced with digital lines,referred to as Voice over Internet Protocol or VoIP that carry phone calls over the internet.  

Remember the digital TV switchover?

In 2012, the UK turned off the analogue TV signal and everyone needed a digital box or a new TV to keep watching. The same thing is happening to our phone sockets with the PSTN switchover, so equipment needs to be digitally compatible.

Why is the digital switchover disrupting telecare?

The switchover especially affects telecare alarms as many of these rely on the analogue network. Alarm equipment communicates with a monitoring centre (Alarm Receiving Centre/ARC) using audible tones down the phone line. Digital networks, however,  can misinterpret these, causing (i) Delays that cause the equipment to time out, (ii) Distortion which leads to call rejection and (iii) Call failure caused by connection issues.

What can you do to protect your residents?

A full digital upgrade is the ultimate goal but may not be feasible due to tight timescales and budgets. Analogue to digital (A2D) converters offer an alternative that is low cost and easy to install.

• Firstly, you will need to check that your chosen converter is suitable for telecare and can maintain a complete service.
• Once checked, plug into your existing equipment and it will translate analogue tones into a format the digital network can understand.
• Whilst this is not a permanent fix, it will provide immediate peace of mind for you and the residents while managing long-term operational budgets.

What to do next

The January 2027 deadline isn’t going away, so it’s important to act now:  

• Contact your monitoring and equipment providers
• Ask them what they can do, timings and what it will cost
• Have the conversation early – put the burden of a plan onto your provider, not yourself.

posted 4 August 2026

SEE ALSO: FAQ: DIGITAL SWITCHOVER

What is the Building Safety Levy?

The Building Safety Levy (BSL) is a new charge on qualifying residential development in England, introduced as part of the Government’s post-Grenfell building safety reforms. Its purpose is to ensure that the residential development sector contributes to the cost of remediating unsafe residential buildings, particularly those affected by cladding and other fire safety defects.

The levy comes into force on 1 October 2026 and is expected to raise approximately £3.4 billion over a ten-year period. It is payable by developers and operates through the building control process rather than the planning system.

When the Levy applies

The BSL generally applies to major residential developments that create 10 or more dwellings or 30 or more student bedspaces, provided there is a net increase in residential floorspace. This includes many new-build developments, conversions and extensions.

The levy is calculated by reference to the development’s gross internal floor area, using a rate per square metre set by the relevant local authority. Rates will vary across England to reflect local housing market conditions. A reduced rate applies to qualifying brownfield developments, typically around 50% of the standard greenfield rate.

Local authorities are responsible for administering and collecting the levy. Developers will receive a Levy Liability Notice setting out the amount payable, with payment generally due before completion or occupation of the development.

Exemption for almshouses

The Building Safety Levy Regulations provide full or partial exemptions for certain categories of development where broader social policy considerations apply. These include affordable housing, certain supported and social housing, care homes, hospices, hotels, temporary accommodation and almshouses.

Almshouse developments are expressly exempt from the Building Safety Levy. Where a development falls within the relevant definition of an almshouse, no levy is payable and no levy calculation should be required at the building control stage.

The exemption recognises the distinctive nature of almshouses as charitable, not-for-profit housing provided to relieve financial hardship and offer secure, community-based accommodation for those in need. Subjecting such developments to the levy could adversely affect their financial viability and reduce the delivery of this important form of charitable housing.

For almshouse charities and their development partners, the exemption reduces development costs, removes a potential administrative burden and supports the continued provision of small-scale, community-based housing for beneficiaries.

Conclusion

The Building Safety Levy represents a significant new mechanism for funding the remediation of unsafe residential buildings. However, the express exemption for almshouses reflects their charitable purpose and social value, ensuring that the levy does not impede the delivery of this important form of affordable housing.

posted 30 June 2026

What the new housing qualifications requirements mean for almshouse charities

Under the new Competence and Conduct Standard framework, senior housing managers of Registered Providers, particularly those in roles responsible for the day-to-day delivery of housing services, will be expected to hold, or be working towards, a recognised housing management qualification. This typically aligns with Level 4 or Level 5 qualifications, broadly equivalent to foundation degree level.

Importantly, these requirements apply to Registered Providers of Social Housing – that is, organisations registered with the Regulator of Social Housing. This includes housing associations and some larger almshouse charities, but does not automatically extend to all almshouses, particularly those that are not registered.

Implications for almshouses

For almshouse charities, the picture is more complex – particularly given the distinction between those that are Registered Providers and those that are not.

Registered Provider almshouses will need to consider how these requirements apply to their staff and governance structures. This may involve:

• supporting staff to gain qualifications
• reviewing organisational structures and role definitions
• planning for associated costs and capacity impacts

Non-Registered Provider almshouses, however, are not directly in scope of these requirements. Nevertheless, they may wish to work towards these qualifications to ensure good practice.

What should almshouses do now?

While further guidance is expected, there are practical steps almshouse charities can begin to take.

• Map roles and responsibilities: Identify who carries out housing management functions
• Assess training needs: Consider whether current staff or volunteers may need support
• Engage early: Monitor guidance from the regulator and sector bodies
• Explore partnerships: Shared training or pooled resources may help reduce costs

The Almshouse Association has been actively engaging with policymakers to ensure that the unique characteristics of almshouses are recognised and will continue to keep members updated.

Are your staff in or out of scope (of requiring the qualification)?

We have put together a helpful flowchart (below) that will guide you through assessing this, along with a practical toolkit of templates.

Please visit: www.almshouses.org/qualifications-for-registered-providers-of-social-housing/ for the complete toolkit.

Should you have any questions, please do not hesitate to contact our Policy, Planning and Engagement Manager via alicemorrey@almshouses.org

posted 28 May 2026

Why correct terminology matters for almshouse charities

Correct terminology in almshouse settings preserves their unique legal framework. Consistent, accurate language reduces legal risk, prevents misunderstanding and supports good governance, protecting both residents and the charity.

1. A unique legal and charitable framework

Almshouse charities occupy a distinct position within the housing sector.

Their role is not to provide conventional rented accommodation, but to offer homes to beneficiaries under a charitable trust. This difference makes terminology critically important. Terms such as “Weekly Maintenance Contribution” rather than “rent,” and “Letter of Appointment” instead of “tenancy agreement,” are not just traditional preferences; they reflect the legal reality of the arrangement.

Unlike typical housing situations where individuals are tenants with statutory rights, almshouse residents are beneficiaries. They occupy their homes under a licence, usually for life, in line with the charity’s governing rules. The terminology used must accurately reflect this relationship and the charitable purpose behind it.

2. Avoiding legal risk and misinterpretation

Using incorrect terms such as “tenant” or “rent” can create confusion and potential legal risk.

Courts may consider not only formal documents but also how the relationship operates in practice. If a charity’s language and conduct resemble a landlord-tenant arrangement, there is a possibility that a tenancy could be implied.

This could unintentionally grant residents statutory rights that were never intended, potentially conflicting with the charity’s governing documents. By contrast, using terms like “Weekly Maintenance Contribution” and “Letter of Appointment” helps preserve the intended legal structure and reinforces that payments are contributions toward upkeep, not profit-driven rent.

3. Consistency, clarity, and good governance

Consistency in terminology is essential across all communications; both formal and informal.

Correct language should be used in appointment letters, policies, correspondence, and everyday conversations. Even casual misuse of terms can lead to misunderstandings over time.

Clear and accurate terminology also benefits residents. It ensures they understand their status as beneficiaries rather than tenants, helping to set appropriate expectations and reduce the likelihood of disputes. Ultimately, careful use of language supports good governance, protects the legal integrity of the charity, and ensures that almshouse organisations can continue fulfilling their purpose for future generations.

posted 28 May 2026