Trans people should use hospital spaces according to biological sex, NHS England says
0 / 35
English
中文
Trans patients should be cared for on single-sex hospital wards or bays that align with their biological sex rather than their gender identity, according to new NHS England (NHSE) guidance.
（暂无翻译）
It says when this is not "clinically appropriate" then alternative arrangements should be made and the dignity and safety of all patients should be maintained.
（暂无翻译）
The guidance also says staff facilities should be used by people based on their biological sex, while trusts should ensure enough alternatives to single-sex facilities, such as single-occupancy toilets, are offered.
（暂无翻译）
Previous NHSE guidance suggested patients and staff could be accommodated on wards or use facilities based on their gender identity.
（暂无翻译）
That meant that a trans woman – a biological male who identifies as a woman – could have chosen to be on a women's ward, or a trans man – a biological female who identifies as a man – could have opted for a men's ward.
（暂无翻译）
That guidance was withdrawn following the Supreme Court ruling in April 2025 that under equality law the term "sex" means biological sex and "woman" refers to a biological woman.
（暂无翻译）
The judgment said for a space or service to be single sex it should only allow those of the same biological sex to use it.
（暂无翻译）
Also under the new guidance issued on Thursday, NHSE emphasised that in order to avoid discriminating against trans people they should be offered gender neutral spaces.
（暂无翻译）
But the guidance also says decisions may have to be made on a case-by-case basis and must ensure clinical needs are met.
（暂无翻译）
It also makes clear that there are circumstances where clinical need is the overriding priority, including on emergency units and urgent care settings.
（暂无翻译）
In addition to the patient document of the guidance, NHSE has published advice for trusts on how to organise changing rooms, toilets and other single-sex facilities for staff.
（暂无翻译）
Again, it says they should be used by people based on their biological sex, not their gender identity.
（暂无翻译）
The document encourages NHS trusts in England to carry out an audit to ensure they are offering enough alternatives to single-sex facilities, for instance, gender neutral or single occupancy toilets.
（暂无翻译）
Pressures on hospitals mean many have already struggled to keep wards single sex.
（暂无翻译）
NHSE data shows that the number of breaches of the previous mixed-sex accommodation guidance has been growing every year since 2021- where members of the opposite sex were placed on a single-sex ward.
（暂无翻译）
The most recent figure for August 2026 shows there were 5,520 breaches, compared to 3,853 in June 2025.
（暂无翻译）
Sex-based rights charity Sex Matters has welcomed the guidance as a "momentous shift back to reality", but is concerned about how it will be applied.
（暂无翻译）
"NHS patient data is a mess, with potentially thousands of trans-identifying people recorded as the opposite sex," CEO Maya Forstater said.
（暂无翻译）
Trans rights organisations TransActual and Trans+ Solidarity Alliance have said they are concerned NHS staff will be unclear on how to safely look after trans patients.
（暂无翻译）
"This guidance will not survive contact with reality in resource-strapped hospitals and will create unworkable operational challenges," they said.
（暂无翻译）
The NHS has been at the centre of a number of high-profile arguments over the interpretation of equality law and workplace regulations.
（暂无翻译）
In January 2026, Darlington Memorial Hospital was found to have violated the dignity of a group of nurses who complained about a transgender colleague - a biological male who identified as a woman - being allowed to use the female changing rooms. The nurses were told they should change somewhere else if they objected.
（暂无翻译） （暂无翻译）
The tribunal concluded that the trust had indirectly discriminated against them.
（暂无翻译）
The nurses are currently seeking £400,000 from the NHS to cover their legal costs.
（暂无翻译）
One of the nurses who brought the action, Bethany Hutchison, who is now president of the Darlington Nurses Union, says they welcome the "clear and necessary guidance" from NHSE, but the test will be whether trusts follow it.
（暂无翻译）
"The Darlington nurses should never have had to take their own employer to court to secure privacy, dignity and lawful single-sex facilities," she said.
（暂无翻译）
"Enforcement cannot continue to depend on the courage and personal sacrifice of individual nurses."
（暂无翻译）
In Scotland, another employment tribunal found, in December 2025, that a nurse, Sandie Peggie, had been harassed by NHS Fife over its interpretation of rules on single sex spaces.
（暂无翻译）
Peggie had complained about a doctor, who was a trans woman, using the female changing rooms.
（暂无翻译）
She was suspended after raising concerns. The tribunal dismissed her other claims of discrimination and victimisation.
（暂无翻译） （暂无翻译）
An appeal is under way and expected to reach the courts next year.
（暂无翻译）
New guidance on single-sex spaces comes into force What does trans mean and why is there a debate about transgender people's rights?
（暂无翻译）
Doctor 'enraged' over NHS transgender ward policy
（暂无翻译）
仅供学习使用，如有侵权请联系删除 · 查看原文