Customer and Local Services SOP for Changing an Individual’s Gender on Nessie/Populus

​Request 757602621 

The UK Supreme Court ruled on 16 April 2025 to clarify that the definition of sex in the Equality Act (2010) as meaning biological sex. 

​In June 2025, the Jersey and Guernsey Law Review June 2025 published an article concluding that Jersey should be applying the UK Supreme Court ruling here. 

This is a significant and important development with far-reaching consequences for Jersey policy and practice. 

I have contacted all Jersey government departments with guidance which currently does not comply with the UK Supreme Court. One has already responded confirming that their guidance has been updated to reflect the UK Supreme Court ruling on the basis of advice from the Law Officers’ Department. I have not had a response from Social Security. 

The Guidance for which Social Security is responsible: “Customer and Local Services SOP for Changing and Individual’s Gender on Nessie/Populus” is non-compliant with the law. This includes the following:  

1. Recording acquired gender on database: Recording acquired gender conflicts with EA 2010’s biological sex standard if records affect rights, benefits, or services (e.g., sex-based entitlements). 
   
2. Broad evidence for gender change: using non-GRC evidence (e.g., medical letter) to record acquired gender diverges from biological sex, risking misalignment for EA 2010 applications 
3. Notification to other departments: Sharing acquired gender may misalign other departments’ records with EA 2010’s biological sex requirement for UK-aligned rules. 
4. Elections and sex-based rules: Applying acquired gender to elections or benefits risks errors if tied to EA 2010’s biological sex standard 

Questions: 

1. Please provide copies of any internal correspondence, reports, memoranda, or meeting minutes produced or received by the Social Security department between 16 April 2025 and the present that discuss, assess, or acknowledge the need to revise the Customer and Local Services SOP for Changing an Individual’s Gender on Nessie/Populus to align with the UK Supreme Court ruling in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, the Jersey and Guernsey Law Review (June 2025) article, or advice from the Law Officers’ Department (LOD) regarding compliance with this ruling. 
   
2. Please provide any records, including but not limited to meeting minutes, project plans, correspondence with the Law Officers’ Department, internal briefings, or working group documents, created or received by the Social Security department between 16 April 2025 and the present, that detail actions, plans, or discussions undertaken to review or revise the Customer and Local Services SOP for Changing an Individual’s Gender on Nessie/Populus in response to the UK Supreme Court ruling in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16. 
3. Please provide a copy of any updated version of the Customer and Local Services SOP for Changing an Individual’s Gender on Nessie/Populus held by the Social Security department as of the date of this request. 
4. Please provide copies of any documents, such as project plans, timelines,correspondence, or meeting minutes, held by the Social Security department as of the date of this request, that outline the planned timeline or schedule for revising the Customer and Local Services SOP for Changing an Individual’s Gender on Nessie/Populus to align with the UK Supreme Court ruling in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16. ​
   

Response 

ESSH (Employment, Social Security and Housing) has not considered any changes to its working practices or documentation in relation to the UK Supreme Court ruling on 16 April 2025 to clarify that the definition of sex in the Equality Act (2010) as meaning biological sex. 

As such ESSH holds no information in relation to this and therefore Article 3 of the Freedom of Information Law (Jersey) 2011 applies. 

The Standard Operating Procedure (SOP) for changing an individual’s gender on Nessie/Populus remains that in place from October 2024.  

The link for this can be found here - ID FOI 7987 Attachment CLS G​uidelines 20241125.pdf​

This was released as part of the answer to a previous Freedom of Information request. 

Articles applied 

Article 3 - Meaning of “information held by a public authority” 

For the purposes of this Law, information is held by a public authority if – 

(a)     it is held by the authority, otherwise than on behalf of another person; or 

(b)     it is held by another person on behalf of the authority. ​​