Lib Dems commit to restoring trans rights. Here's what that must mean.

The Liberal Democrats have reaffirmed a commitment to restoring trans rights, calling for new EHRC guidance, a parliamentary review committee, and democratic oversight of appointments. The Equality Act 2010 has not changed, but the way it is being applied has, and the people pushing for legislative clarity are the ones watching what that ambiguity does to real people every single day.

By Dr Helen WebberleyResponding to Liberal Democrats24 September 20265 min read

Lib Dems commit to restoring trans rights. Here's what that must mean.

Photo by Clay Banks on Unsplash

The Liberal Democrats have reaffirmed their commitment to defending trans rights, calling for a parliamentary review committee, new EHRC guidance, mandatory impact monitoring, and democratic oversight of future EHRC appointments. It is a serious and specific policy platform, and I am genuinely glad to see it. But I want to look carefully at the word "restoring", because the framing matters, and getting it right matters even more.

The law hasn't changed. The application of it has.

The Equality Act 2010 still stands. Nobody has repealed it. Trans people are still protected under the characteristic of gender reassignment, exactly as they were. What has changed is the way the law is being interpreted and applied, first through the Supreme Court ruling, and then through the EHRC's updated Code of Practice, which came into force on 5 August 2026.

Here is what that has meant in practice. Trans people have found themselves without safe access to public facilities. Some have found themselves without access to facilities at all. Businesses and service providers are facing genuine legal uncertainty, unsure whether compliance with one part of the guidance exposes them to challenge under another. And, as the Lib Dems' own statement puts it, the guidance has opened the door to policing women who do not look "female enough" at the door of a women's toilet. That is not an abstract concern. That is a material change in what it feels like to move through public life.

So when people argue for legislative clarity, they are not asking for something new or radical. They are asking for the law as it is written to match the law as it is lived. That is a reasonable thing to ask for. It is, in fact, the minimum.

What the Lib Dem platform is actually proposing

The four proposals set out are worth taking seriously on their own terms. A cross-party parliamentary committee that takes evidence from impacted communities is the right mechanism for this: it brings lived experience into the legislative process rather than leaving it outside the door. Requiring the EHRC to issue workable statutory guidance, with a duty to monitor its real-world impact and revise anything proven to be discriminatory or harmful, is exactly the kind of accountability mechanism that should have been built in from the start.

The proposal to require a confirmatory parliamentary vote on future EHRC Chair appointments is the one that has drawn the most attention, and I think rightly so. The EHRC exists to protect everyone's human rights, including those of trans people. When its guidance causes the kind of confusion, fear, and legal risk described here, the question of who leads it and how that person is accountable to parliament is entirely legitimate. Oversight is not an attack on independence. It is how democratic institutions earn trust.

The 50 per cent figure, and what it does not capture

The Lib Dems cite a 50 per cent rise in recorded hate crimes against trans and gender non-conforming people between 2020 and 2025. That number is real, and it is serious. But recorded hate crime figures almost always undercount. Trans people who have already learned that public spaces are hostile do not always report incidents. Some do not believe reporting will help. Some fear that reporting will draw more attention to them than to the person who harassed them.

What the figure captures is the direction of travel. It tells us that things have been getting worse, not better, and that the political and media climate of the past five years has had real consequences for real people. That context matters when we are evaluating policy commitments. The question is not only whether the proposals are well-designed, but whether they are sufficient to begin reversing a direction that has been moving the wrong way for years.

Rights that were never fully built cannot simply be restored

This is where I want to be honest about the word "restoring". It implies a previous state that we are returning to, a moment when things were right and need only to be put back as they were. But trans people in the UK have never had full, unambiguous access to public life. The Gender Recognition Act 2004 was incomplete when it passed and has barely been reformed since. The waiting lists for NHS gender services have run, for many people, to years. The legal framework has always contained ambiguity that could be exploited when the political climate shifted.

So what is being proposed is not restoration in the literal sense. It is construction: building clarity, accountability, and workable guidance where clarity, accountability, and workable guidance did not previously exist in strong enough form. I think that is the better framing, because it is honest about the scale of the task and about what trans people are actually asking for.

The Lib Dems are right that these rights are not in competition. The rights of women and the rights of trans people do not sit on opposite sides of a ledger. A guidance regime that leaves anyone without safe access to public facilities is not protecting women's rights. It is failing everyone. The test of any new guidance is whether it gives trans people somewhere to go, safely and with dignity, while being clear and workable enough that service providers can implement it without fear.

That is a solvable problem. Other countries have solved it. The fact that we are still here, in 2026, watching the consequences of a Code of Practice that has generated confusion and fear rather than clarity and safety, is a political failure, not an inevitable outcome. A commitment to fixing it is a commitment worth making. I hope we see others follow.

If there is a news story you would like me to cover then just let Sammy know.

Dr Helen Webberley is a Gender Expert, Medical Educator, writer, and advocate, and the founder of GenderGP. She writes about gender diversity, trans healthcare, and the lives of trans people and their families.

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Everything here is education, not medical advice. If you're in crisis, call your local emergency services or visit helenwebberley.com/heretohelp.