Given the ongoing delays, For Women Scotland is contemplating legal action against the Scottish Government to expedite the implementation of the court ruling.

She also highlighted the potential legal liabilities the government could face if a transgender prisoner were to assault a woman, emphasizing the government's responsibility in these matters.

Smith clarified that FWS's initial legal challenge is primarily focused on vulnerable settings like prisons and hospitals, rather than the broader debate on bathroom facilities.

Current guidelines from the Scottish Prison Service state that transgender women convicted of serious offenses cannot be housed in female facilities, although there are reports of some being housed there under segregation rules.

The UK Supreme Court recently ruled that the definition of a woman under the 2010 Equality Act refers specifically to biological sex, which has significant implications for transgender individuals' access to services.

In light of this ruling, Susan Smith, co-director of For Women Scotland (FWS), expressed frustration over the Scottish Government's lack of action regarding guidance on sensitive areas such as prisons and schools.

The Scottish Government has delayed implementing changes to guidance, pending the release of new guidelines from the Equality and Human Rights Commission (EHRC), which are not expected until November 2025.

Smith has called for public pressure on Members of the Scottish Parliament (MSPs) and Members of Parliament (MPs) to ensure proper implementation of the law, supported by a fighting fund established by activist JK Rowling.

During a fringe event at the Scottish Conservative conference, Smith indicated that FWS has consulted with lawyers regarding potential legal action, although no specific timeline has been provided.

Smith warned that the Scottish Government should be more concerned about legal challenges from FWS, which has legal standing, rather than focusing solely on pro-trans rights groups.

At the same conference, former foreign secretary James Cleverly criticized the Scottish Government's gender reforms and underscored the importance of the union in addressing these complex issues.

In the broader context, leading charities have urged the EHRC to extend its consultation period for new guidance, arguing that the current timeline is too rushed for meaningful engagement.