In answer to enquiries from parliamentary colleagues, ministers have indicated that guidance document, overseen by experts in the Department for Science, Innovation and Technology, will be reassessed following landmark decision

The design guidelines supporting departments in delivering GOV.UK websites and services are to be subject to a review to assess any potential implications resulting from the Supreme Court’s recent ruling on the legal meaning of gender- and sex-related terms.

Following a challenge mounted against the Scottish Government by campaign group For Women Scotland, the court ruled this month that the Equality Act’s use of the terms “woman” and “sex” refers solely to biological sex as determined at birth. Transgender women are not covered by this definition, regardless of whether they possess a gender recognition certificate affirming their gender, the court ruled.

Following the ruling, Conservative MP Richard Holden tabled written parliamentary questions asking the Department for Science, Innovation and Technology – home of the Government Digital Service – whether the GOV.UK Design System guidelines would require updates or changes. Possible amendments cited by Holden included referring to “gender reassignment… rather than gender identity” and using the term “sex rather than gender when requesting information on sex”.

In response, minister for AI and digital government Feryal Clark indicated that the Design System is regularly updated to reflect changing needs and that, in light of the Supreme Court’s decision, an assessment would be made of any potential amendments required.

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“The GOV.UK Design System provides guidance and components to departments, so that there is a consistent style and experience for users interacting with government information and services online,” she said. “This guidance is continually iterated with input from external experts and specialists across government, to help ensure that digital services are inclusive, easy to use and comply with the Public Sector Equality Duty. Following the recent Supreme Court ruling in For Women Scotland Ltd v The Scottish Ministers, we will review the Design System’s guidance in line with any changes to the Codes of Practice issued by the Equality and Human Rights Commission.”

The Design System was first launched by GDS in June 2018. The document provides departmental users with links to common design resources including styles, components and patterns. It also provides a set of principles, points visitors towards complementary guidelines including the GOV.UK Service Manual and style guide, and aims to support designers and their colleagues in fostering a supportive community across the civil service.

“The GOV.UK Design System is for everyone that works on government services, with a strong community sitting behind it,” the document says. “It brings together the latest research, design and development from across government to make sure it’s representative and relevant for its users. You can help improve the Design System by joining our discussions, events and co-design collaborations. Also [you can] see upcoming components and patterns we’re working on and how you can help.”