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Controversy flared when Sutton United signed transgender player Blair Hamilton last year - CHP
The Football Association has quietly updated its transgender rules that stop short of preventing athletes born male playing in women’s matches.
Following a years-long review of its transgender policy, the FA has ignored calls from campaigners to follow the likes of the Rugby Football Union in permitting only those registered as female at birth to compete in women’s fixtures.
The amended rules instead lay out a formal process by which individual trans women could be excluded from such matches on the grounds of safety or fairness on a case-by-case basis.
No public announcement was made about the updated policy which was communicated to the English game before it came into force on April 1 and has now been made available online.
The amended rules state: “Where there is an issue about a player’s eligibility, efforts will always be made to resolve it through dialogue between the player, the county FA and the FA.
“In any case where (1) the FA does not approve a player’s application to participate in matches in the women’s game following a match observation, or (2) the FA reasonably considers on the ground of (A) safety to competitors and/or (B) fairness of competition that it might be necessary to withdraw a player’s eligibility to participate in matches in the women’s game having previously granted such eligibility under this policy, the player or the FA may refer the matter to the FA’s Transgender and Non-Binary Eligibility Committee for determination.”
Women registered to play amateur football in England will also have to continue to reduce their testosterone levels below 5 nmol per litre for at least 12 months.
The updated policy was denounced by Fiona McAnena, director of campaigns for Sex Matters, who said: “Female footballers will feel very let down by this revised policy, which does nothing to restore fairness and safety in the women’s game. By merely requiring male players to prove once a year that they have lowered their testosterone to a level that is still far above normal female levels, it’s unscientific, already out of date and not compliant with the Sports Councils’ guidance. No wonder the FA published this without announcing it.”
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CEO Mark Bullingham says the FA’s transgender policy is ‘broadly in the right place’ - Getty Images/Nick Potts
The update came into force a month after Mark Bullingham, the FA’s chief executive, confirmed there would be no major changes to its previous policy.
He said: “If you look at the Equality Act – and we’ve had legal opinion on it – we feel that our policy’s broadly in the right place. We do continue to look at areas which we might refine and that’s where we are.
“We feel like we’re broadly in the right place at the moment. And we’ve had that policy checked by Kings Counsel. So, we’re confident that the policy is OK.”
An FA spokesperson said: “We have had a transgender inclusion policy in place since 2015 to help us support the small number of transgender women – around 20 this season – who would like to play in the grass-roots game, providing it can be done without sacrificing fair and safe competition, and if they have met certain required criteria. The principles that underpin our policy remain, however certain aspects have been updated to ensure it operates as effectively as possible for the grass-roots game.”
Litany of controversies
A number of rows have broken out in recent years over transwomen playing in the female game.
In September, Telegraph Sport reported how Sutton United, who appointed Lucy Clark as the first trans manager in the top five tiers of English football, had ignited controversy by signing goalkeeper Blair Hamilton for their women’s team.
Hamilton, who was also born male, was recruited by Clark despite having previously drawn criticism from women’s rights groups for taking the place of a female goalkeeper.
The news led to Sutton abruptly postponing their scheduled match at Ebbsfleet United amid mounting anger over their signing of a biological male.
Hamilton subsequently complained to the Independent Press Standards Organisation (IPSO) about Telegraph Sport’s coverage, alleging the label “biological male” constituted a “transphobic dog whistle”.
But, last month, the press watchdog rejected this complaint, determining that the use of the term was “genuinely relevant” to the issues raised by a biologically male goalkeeper competing for a female football team.
In November, Telegraph Sport revealed a girl with suspected autism had been banned by her county FA after asking a transgender opponent: “Are you a man?”
The punishment triggered protests against the FA’s transgender policy before England’s Nations League match against Republic of Ireland at Wembley.
The results of an appeal in that case are thought to be still pending.
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