NHS trust defies Supreme Court ruling to respect trans patients’ gender identities

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Some NHS hospitals will reportedly respect trans patients’ gender identities and allow trans women to use female-only facilities.

The Telegraph reported on 28 June that West London NHS Trust has said that all patients can use single-sex facilities based on their “legal gender”, meaning trans people with gender recognition certificates (GRC) will be allowed to use wards and bathrooms that align with their gender identity.

The news comes in spite of the UK Supreme Court’s 2025 ruling that the definition of “sex” under the Equality Act 2010 refers to biological sex.

The decision has received praise from the trans communities and their allies. “Good. Trans women are women. No matter what rulings are in place,” wrote one X user in response to the news.

The NHS has also received pushback from naysayers regarding the decision. Claire Coutinho, the shadow equalities minister, said that it is “astonishing that an NHS trust has adopted this unlawful policy”. She also called on the Health Secretary to demand that the policy be withdrawn.

“Biological males must not be allowed into single-sex female spaces, but more than a year on from the Supreme Court ruling, the Government has completely failed to get a grip on public services that are still flouting the law,” she said.

“Many women and girls in hospital will be particularly vulnerable and need to know that their safety and privacy is being protected. The Health Secretary must demand the immediate withdrawal of this policy, and issue the new national guidance that is more than a year overdue.”

West London NHS Trust runs medical services in Ealing, Fulham, Hammersmith and Hounslow, with a focus on mental health. Some of its facilities, like St Bernard’s Hospital in Southall, have women-only units.

The trust also runs Broadmoor Hospital, a high-security psychiatric unit located in Berkshire, which treats only male patients.

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