For Women Scotland said it has “little choice” but to pursue further legal action after policies concerning transgender pupils in schools and transgender prisoners remain in place, which it claims are “in clear breach of the law”.

The group’s legal battle with Scottish ministers culminated in a Supreme Court decision in April which held that the terms “woman” and “sex” in the Equality Act 2010 refer to biological sex.

Despite that ruling, guidance issued to schools in Scotland states that it is important that young people “where possible, are able to use the facilities they feel most comfortable with”.

In relation to prisons, current guidance allows transgender women to be housed in the women’s estate provided they do not meet the criteria for violence against women and girls, and there is no other basis to suggest they pose an unacceptable risk to other prisoners.

For Women Scotland has now lodged an ordinary action for reduction at the Court of Session, seeking to have the relevant policies in schools and prisons quashed. The group argues that these policies are “inconsistent with the UK Supreme Court judgment of April 16 2025”.

In a statement, the group said: “Nothing has persuaded the government to take action and both policies remain stubbornly in place, to the detriment of vulnerable women and girls, leaving us little choice but to initiate further legal action.

“The Scottish ministers have 21 days to respond to the summons. If the policies have not been withdrawn by then we will lodge the summons for calling, and the government will have to defend its policies in court.

“We are asking the court to issue a declarator that the school guidance and the prison guidance are unlawful and that they be reduced in whole.

“We are also asking that both policies are suspended in the meantime.”

A Scottish government spokesperson said: “It would be inappropriate to comment on live court proceedings.”