I strongly agree that safety is of the utmost importance in hospital accommodation as well as upholding the privacy and dignity of all patients.
The current guidance from the Equality and Human Rights Commission (EHRC) on existing legislation says that it is entirely acceptable for providers of single-sex services to take account of biological sex of their service users.
In October 2023, the Government announced that it will change the NHS Constitution to clarify patients’ rights to access separate and single-sex spaces in hospitals and address patient concerns about patient choice on intimate and personal care. I understand that the Secretary of State for Health and Social Care has asked the NHS to ensure that single-sex hospital wards are protected and as such, a review within NHS England is ongoing into the same-sex ward guidance. I have attached a link to a government press release from the Department for Health and Social Care 30th of April 2024 for your interest:
NHS Constitution plans to strengthen privacy, dignity and safety - GOV.UK (www.gov.uk)
Currently, while patients can choose their accommodation based on the gender they identify with, according to NHS guidance, “There may be some circumstances where it is lawful to provide a different service or exclude a transgender person from a single-sex ward of their preferred gender but only if this is a proportionate means of achieving a legitimate aim". The use of inpatient services by transgender patients is undertaken on a case-by-case basis.
On the rare occasion that mixed accommodation does occur, every effort should be made to put the situation right as soon as possible. Until that time, staff must take extra care to safeguard privacy, particularly where patients cared for on beds or trolleys, even where they do not stay overnight. In all cases, privacy and dignity should be assured for all patients.
I will continue to monitor the progress of this matter closely and raise your concerns with ministerial colleagues to ensure that single-sex accommodation is as safe as possible for female patients.
