In HUTCHINSON v COUNTY DURHAM & DARLINGTON NHS FOUNDATION TRUST (2026) WL 00177607, at paras 425-446, it is held that , by permitting a biological male, transgender woman, to use a female changing room, the only space made available to them, the Trust, as a public body, had infringed the Claimants’ right to respect for private life, under ECHR ARTICLE 8, and bodily autonomy. The Trust had been unable to demonstrate PROPORTIONALITY.
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