London Daily

Focus on the big picture.
Sunday, Jul 12, 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Part of the census guidance for England and Wales accompanying the question on a person's sex should be withdrawn, a High Court judge has ordered.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
UK Medical Chiefs Update Health Guidance to Promote Everyday Physical Activity
Office of Communications Keeps Wikipedia Under Review Under UK Online Safety Rules
UK Defence Ministry Expands Deep-Strike Capability Through Precision Missile Programme
Russell Group Universities Warn Funding Cuts Could Damage NHS Workforce Training
UK Parliament Calls for National Emergency Broadcast as Heatwave Conditions Intensify
UK and Netherlands Strengthen Naval Cooperation With New Amphibious Defence Partnership
UK Defence Ministry Joins International Missile Programme With One Hundred and Ninety Million Pound Investment
Bank of England Warns Middle East Conflict and AI Risks Could Pressure UK Economy
UK Government Introduces New Rules to Limit Foreign Influence in Political Donations
UK and France Prepare Naval Mission to Protect Shipping Through Strait of Hormuz
United States Pressures UK to Increase Defence Spending at NATO Summit
Bank of England Warns Artificial Intelligence Investment Boom Could Create Financial Stability Risks
Bank of England Begins Direct Oversight of Critical Technology Providers Supporting UK Finance
Andy Burnham Set to Become UK Prime Minister After Labour Leadership Race Clears Path to Downing Street
Scottish Fishing Industry Calls for Emergency Support Amid Rising Costs
UK Supports Stronger European Response to Russian Actions in Ukraine
Devon and Cornwall Police Release Suspect in Ann Widdecombe Murder Investigation
Scottish MPs Demand More Government Support for Fishing Industry
UK Aviation Sector Faces New Rules as Parliament Reviews Passenger Protection Reforms
King’s College London Disciplines Students Over Pro-Palestine Campus Protests
Ministry of Defence Expands Military Capabilities Through New Precision Strike Investment
United Kingdom Condemns Russian Treatment of Ukrainian Children at International Security Forum
House of Lords Reviews Civil Aviation Bill to Strengthen Passenger Rights and UK Aviation Competitiveness
UK Aerospace and Defence Industries Contribute Nearly Forty-Seven Billion Pounds to Economy
UK Government Advances Consultation on Possible Social Media Ban for Children Under Sixteen
United Kingdom Ratifies Global High Seas Treaty to Protect Marine Biodiversity
United Kingdom Joins United States Precision Strike Missile Programme With One Hundred Ninety Million Pound Investment
UK Senior NHS Doctors Vote for Further Strike Action Over Pay and Contract Disputes
BBC Leadership Resigns After Donald Trump Launches Ten Billion Dollar Defamation Lawsuit
UK Fiscal Watchdog Warns Andy Burnham Government Faces One Hundred Billion Pound Budget Challenge
The AI Invoice Shock: Layoffs Didn't Save Managers Money — They Cost Them More
Concern: Sexually Transmitted Bacterium Among Men Develops Antibiotic Resistance
Following Massive Investor Demand: SK Hynix Raises 26.5 Billion Dollars on Nasdaq
Passenger Partially Pulled Out of Ryanair Jet After Cabin Window Fails Mid-Flight
After Four Years, and Under a Heavy Veil of Secrecy: King Charles Meets His Grandchildren, Harry and Meghan's Children
Cross-Party MPs Call for National Climate Emergency Broadcast
Bayeux Tapestry Arrives in the United Kingdom for Landmark Exhibition
United Kingdom Launches Modern Slavery Prevention Programme in Vietnam
Police Warn Against Misinformation Following Disorder in Glasgow
Pension Reform Takes Effect to Consolidate Workplace Savings Industry
Treasury and Bank of England Monitor Economy as Energy Price Pressures Ease
Government Orders Treasury Reform of Disciplinary Procedures Following Civil Servant's Death
Ofcom to Require Major Technology Platforms to Block Scam Advertisements
Labour Apologizes Over Gaza Position in Bid to Rebuild Support
High Court Rules UK-France Asylum Agreement Protection Cuts Were Unlawful
Metropolitan Police Open Murder Investigation Into Death of Former MP Ann Widdecombe
University College London Report Proposes Replacing Council Tax and Stamp Duty With National Property Tax
Treasury Places Amazon, Google, Microsoft and Oracle Under New UK Financial System Oversight Rules
Severe Heatwave Drives Dangerous Ground-Level Ozone Pollution Across Two Thirds of European Union
Westminster in Freefall as Farage's By-Election Gamble Triggers Broader Systemic Crises
×