Key Summary
- Mental health organisations have raised concerns about the EHRC Code of Practice and warned it could harm trans and non-binary people’s mental health.
- They say the new guidance may conflict with the Government’s mental health strategy and could make services feel less safe and accessible.
- The group is calling for proper parliamentary scrutiny and a careful implementation process to avoid leaving anyone without essential support.
The Centre for Mental Health, along with several other mental health organisations, has written to secretary of state Bridget Phillipson and the EHRC chair expressing concern about the Code of Practice published on 21 May 2026.
The letter follows an earlier warning in December, when the Centre and other groups raised serious concerns about the draft version of the Code.
The signatories say the published code has failed to guarantee that trans and non-binary people’s lives will be protected from harm once it is implemented.
The organisations fear the code could negatively affect the mental health of trans and non-binary people and may leave those seeking support for distress or mental illness feeling unsafe and unsupported.
They also questioned how the Government’s proposed mental health strategy, which aims to support people earlier and help them remain active in education, work, family life and their communities, can be delivered alongside this Code.
In their view, the implementation of the guidance could make it harder for many trans and non-binary people to live fully and could worsen mental health outcomes.
The letter also calls for proper parliamentary scrutiny of the Code so that such significant guidance can be properly examined and debated.
Andy Bell, CEO of Centre for Mental Health, said many trans and non-binary people in the UK are likely to feel distressed, scared and upset after the publication of the code.
He added that there is still uncertainty about what the code means in practice and urged the Government to allow full debate and take a calm, careful approach to implementation so that no one is left without essential support.
The organisations that signed the letter include Centre for Mental Health, Mind, Mental Health Foundation, Rethink Mental Illness, MHFA England and the Association of Mental Health First Aiders, Children and Young People’s Mental Health Coalition, National Survivor User Network, Mental Health Matters, Beat, McPin Foundation and Samaritans.
