London Daily

Focus on the big picture.
Saturday, Jun 27, 2026

Census 2021: Judge orders change to sex question guidance

Census 2021: Judge orders change to sex question guidance

Part of the census guidance for England and Wales accompanying the question on a person's sex should be withdrawn, a High Court judge has ordered.

Campaign group Fair Play for Women argued it unlawfully allowed "self-identification" as male or female.

The guidance said people can use the sex listed on their passport - which can be changed without a legal process.

The Office for National Statistics said it was asking the same question on sex it had done since 1801.

After a court hearing on Tuesday, Mr Justice Swift ruled that the guidance should be changed to say individuals should only respond with the answer on their birth certificate or gender recognition certificate - a document which allows trans people to change their legal gender.

A full judicial review will take place next week before the census day, but the judge made the interim order saying he was satisfied the campaign group was "more likely than not to succeed" on its case regarding the legal definition of "sex".

Taking place in England, Wales and Northern Ireland on 21 March, the census aims to provide a snapshot of the population of the country which can then be used to make decisions about services - and which this year will be used to understand the impact of the pandemic.

Scotland's census has been postponed for a year because of the coronavirus crisis.

For the first time, it will include a question about gender identity as well as the one about a person's legally registered sex. The decision had been welcomed by some trans people as a "step in the right direction".

The legal action comes after ministers abandoned plans last year to reform the Gender Recognition Act to allow people to change their birth certificates without a medical diagnosis of gender dysphoria - a process known as "self-identification".

Fair Play for Women, which seeks to defend "the sex-based rights of women and girls", launched a crowdfunded legal action arguing that the census guidance on the question, "What is your sex?" was unlawful. The group called it "sex self-identification through the back door".

The guidance, published in the online census only, said: "If you are considering how to answer, use the sex recorded on one of your legal documents such as a birth certificate, gender recognition certificate, or passport.

"If you are aged 16 years or over, there is a later voluntary question on gender identity. This asks if the gender you identify with is different from your sex registered at birth.

"If it is different, you can then record your gender identity."

The guidance opposed by Fair Play for Women only appears online - not on the paper form
Fair Play for Women had argued that, unlike a birth certificate, a person's sex on a passport or other legal document such as a driving licence can be altered without a formal legal process.

They argued this could potentially have the effect of "distorting" the data gathered in the census.

The Office for National Statistics argued that the question on sex could refer to a person's sex as recorded in any document provided by the state.

Speaking before the hearing, Dr Nicola Williams, director of Fair Play For Women, said: "If we don't have good data on sex we can't monitor inequalities due to sex, and if we can't measure it, we can't make good policies to remedy it."

The Office for National Statistics said most people did not need help to answer the question on sex but it would update the guidance to advise people to use the sex recorded on their birth certificate or gender recognition certificate.

A spokesperson for the ONS said: "We are continuing to ask a binary choice, female or male, sex question on the census. This approach is unchanged since 1801."

Newsletter

Related Articles

0:00
0:00
Close
London Ambulance Service Sees Record Emergency Demand as Heatwave Intensifies
British Chambers of Commerce Warns of Prolonged Weak Investment Climate Through 2027
Bank of England Holds Interest Rates as Inflation Risks Persist
UK Construction Sector Faces One Percent Contraction Amid Cost and Investment Pressures
Former DUP Leader Sir Jeffrey Donaldson Convicted of Sexual Offences
Church of England Appoints Dr Linsay Cunningham to Lead Faith and Public Life Division
UK Armed Forces Day Marked Nationwide With Events From Aberdeen to the Scilly Isles
Rising Tensions in Edinburgh Prompt Joint Warning From Scottish Local Government Leaders
UK Construction Sector Forecast to Contract One Percent in 2026 on Cost Pressures
UK Parliament Backs 87 Percent Emissions Cut as Government Deepens Electrification Drive
British Chambers of Commerce Forecast Weak UK Growth as Investment and Demand Slow
Bank of England Holds Interest Rates at 3.75 Percent Amid Energy and Inflation Uncertainty
London Ambulance Service Reports Record Surge in Life-Threatening Emergency Calls During Heatwave
UK Parliament Approves Legally Binding 87 Percent Emissions Cut Target by 2040
United Kingdom Records Third Consecutive Day of Record June Heat as Europe Faces Worsening Heatwave
Robert Jenrick Defends £5 Million Donation to Nigel Farage Amid Political Scrutiny
Plymouth Museum The Box Wins 2026 Art Fund Museum of the Year Award
UK Government Faces Backlash Over Plans to Use Former Military Sites for Asylum Accommodation
Labour Party Faces Pressure Over Cabinet Stability as Senior Figures Clash on Policy Direction
Heathrow Airport Forecasts Passenger Decline in 2026 as Costs and Climate Disruption Mount
UK Energy Regulator Approves Expansion of Long-Duration Storage to Boost Power System Resilience
Crown Estate Reports Third Consecutive Year of £1 Billion Profit as Debate Over Royal Finances Intensifies
Teenager Charged With Murder in Wales Following Death of 14-Year-Old Boy
Nottingham University Hospitals Maternity Failures Trigger Calls for Public Inquiry Into Patient Safety
EasyJet Rejects £4.9 Billion Takeover Offer From Castlelake but Keeps Door Open for Further Talks
Record Heatwave Triggers UK Transport and Infrastructure Strain as Heathrow Revises Passenger Forecast Downward
Ofgem Approves Sixteen Long-Duration Energy Storage Projects to Strengthen UK Grid Stability
Labour Government Faces Internal Tensions Over Cabinet Decisions and Net Zero Policy Direction
British Food and Drink Exports Fall to Decade Low Amid Trade Friction and US Tariffs
Great Britain Grid Operator Spends £10 Million to Stabilize Electricity Supply During Heatwave Demand Surge
UK Parliament Committee Calls for Urgent National Adaptation Strategy as Extreme Heat Strains Public Infrastructure
Record-Breaking Heatwave Pushes England’s National Health Service to Critical Incident Status as Hospitals Struggle With Surge in Emergencies
UK Government Launches Review of Voluntary National Insurance Contributions System
UK Planning Inspectorate Reports Key Infrastructure and Planning Milestones in Annual Review
UK Government Reviews Travel Expense Reimbursement Rates for Employers and Employees
Civil Nuclear Constabulary Launches National Digital Memorial for Officers Killed in Service
UK and US Expand Collaboration on Nuclear Fusion Research and Workforce Exchange
Environment Agency Secures £275,000 Enforcement Deal with Anglian Water Over Permit Breaches
Independent Inspector Flags Ongoing Failures in UK Home Office Border Case Management
UK Government Considers Zero VAT Rate on Land for Social Housing Development
Bank of England Reports Sharp Drop in Emissions and Warns on Climate-Driven Financial Risk
Consumer Confidence in the UK Falls at Fastest Quarterly Rate Since 2022
UK Borrowing Costs Rise Sharply on Gilt Markets Amid Fiscal and Political Concerns
UK Government Plans Legislation to Bring British Steel into Public Ownership
UK Government Secures £210 Million Nuclear Fuel Deal to Support Ukraine Energy Security
London Ambulance Service Reports Record Emergency Call Volume Amid Severe Heatwave
United Kingdom Faces Record June Heatwave as Temperatures Hit 36.7°C in Somerset
UK Financial Services Reform Debate Intensifies Over Ministerial Regulatory Powers
UK Energy Price Cap Rise Expected to Keep Inflation Above Target Through 2026
UK Biohacking and AI Wellness Trends Drive Surge in Personal Health Monitoring
×