The National Health Service in England is reportedly operating in defiance of a Supreme Court ruling by permitting transgender patients access to single-sex hospital spaces. According to policies seen by The Telegraph, staff are following outdated guidance that allows biological males who identify as women to use female-only areas, including wards, changing rooms, and toilets.
Legal Ruling Versus Current Practice
This situation arises more than eight months after the Supreme Court delivered a landmark judgment. The court ruled that the term 'women' within the Equality Act 2010 refers specifically to biological sex, not gender identity. Despite this legal clarification, NHS trusts are said to be relying on a patchwork of older directives.
These policies include instructions that trans women should be allowed to use women's spaces. They also advise staff to be vigilant for instances where families might exploit vulnerable dementia patients who have forgotten their transgender identity.
Political Limbo and Official Reactions
The NHS is officially awaiting direction from government ministers. This follows proposals from the Equality and Human Rights Commission (EHRC) stating that services should provide single-sex spaces based on a person's biological sex. Women and Equalities Secretary Bridget Phillipson received these proposals in September but has not reached a final decision.
Shadow equalities minister Claire Coutinho criticised the existing NHS policies, stating they 'range from the mad to the downright dangerous'. She accused NHS trusts of putting ideology above the law, thereby undermining the safety and privacy of both staff and patients. 'Despite what these HR policies may say, the law is clear that biological sex is real and relevant,' she added.
Health Secretary Wes Streeting had pledged to overhaul the NHS guidance following April's Supreme Court ruling but has been stuck in limbo. Consequently, guidance from 2019, which has been 'under review' for years, remains the only national protocol for NHS trusts.
Awaiting Clarity and Parallel Reforms
An NHS spokesman said: 'The NHS is continuing to review its guidance on same-sex accommodation while we await final guidance from the Equality and Human Rights Commission and, as part of this process, will consider and take into account all relevant legislation and the Supreme Court ruling.'
A government spokesman reiterated its support for 'the protection of single-sex spaces based on biological sex', adding that the ruling provides clarity and confidence. They stated an expectation that all service providers, including hospitals, act on the judgment.
This controversy coincides with separate NHS plans to allow GPs to specialise in 'gender medicine'. Under proposals following a review by Dr David Levy, specially trained GPs could prescribe cross-sex hormones after a patient has received a year of specialist care, aiming to ease pressure on overstretched specialist clinics.
