Civil servants are flouting the Supreme Court ruling on biological sex, with some declaring it is ‘completely the choice’ of a man who is transitioning to choose which bathroom they use.

A message sent to officials by the LGBT+ network in the Department of Transport after the landmark court judgment said staff can decide themselves if they can use ‘any appropriate single sex toilets and other facilities’.

‘It is assumed that the individual knows which facilities are the best match for their gender identity and expression,’ it added.

The message, obtained using Freedom of Information requests, was sent to staff on April 22, the week after the Supreme Court ruling that men who change gender are not legally women.

It says ‘HR have assured us that all current guidance and policies still stand’ and gives the example that a recently transitioned man may need to ‘build confidence in his new gender expression’ and that the bathroom they choose is ‘completely his choice’.