England Touch Association Participation Eligibility Policy Update

We have updated our Participation Eligibility Policy in light of a clarification of the law by the Supreme Court ruling on the definition of sex (April 2025) and issued the following guidance for players, coaches and referees.

The policy sets out eligibility for competition at National Touch Series level and above, including NTS, UTC, Nationals and England level, which the Board feels is both proportionate and meets the legal framework within which we must operate. As of the 2026/27 UTC, players in these national competitions must compete on the basis of their birth sex, not the gender to which they identify.

Importantly, the policy does not prevent transgender people from participating in Touch. It sets out the competition categories in which players are eligible to participate at these levels. Below NTS level, including regional development series events, local leagues, festivals and friendly matches, organisers can determine their own participation criteria, which should be communicated clearly to participants in advance.

We remain committed to ensuring that Touch is welcoming and respectful to everyone. We have zero tolerance for discrimination, harassment, homophobia, biphobia, transphobia or misogyny, and we will continue to promote equality, diversity and inclusion across the sport.

There have been significant legal changes since our previous participation policy was developed in 2021.

That policy was reviewed following the UK Supreme Court’s 2025 ruling on the meaning of sex under the Equality Act 2010, alongside subsequent guidance and developments across the sports sector. The judgment covered in detail the meaning of female in the Equality Act (2010), which replaced the Sex Discrimination Act (1975). While the Equality Act prohibits excluding anyone on grounds of nine protected characteristics, including gender reassignment, there are also specific exemptions which makes single-sex sport and single-sex services lawful. 

These exceptions are in place because otherwise they would be unlawful sex discrimination. The only lawful way to operate something described as “women’s”/ “girls”/ “female” is to exclude everyone male, including men who identify as women, even if they have a Gender Recognition Certificate. 

The only lawful alternative is not to have men’s and women’s at all, and this could expose an organisation to being sued for indirect sex discrimination, that is, when treating the two sexes the same creates a detriment to one sex. This would clearly be the case if a “gender-affected” sport like Touch, did not offer a female category.

The Board’s decision was well informed by input from sporting agencies, scientific information, a variety of legal and guidance documents and discussions with other National Governing Bodies who have also made changes to their trans-inclusion policies.

The Board also fully acknowledged that this has the potential to impact a range of individuals and have sought to keep that impact as low as possible. In reality the Board’s hands were tied in terms of what decisions they could make given the legal framework.

The policy will continue to be reviewed as the legal and sporting landscape develops.

We appreciate that members may have questions about the updated policy. Please contact admin@englandtouch.org.uk.