New NHS guidelines say trans patients must use wards ‘on basis of biological sex’
NHS England. (Getty)
Updated NHS England guidelines have been published, which bar trans people from facilities that match their gender identity.
That means that both trans patients and staff will be forced to use wards, bathrooms or changing rooms “on the basis of biological sex”, after previous guidelines allowed them to use the facilities they preferred.
The guidance states: “Single-sex services, such as hospital accomodation, should be provided on the basis of biological sex.”
It goes on to say trans people “should be accommodated in line with their sex as registered at birth”, or given the option of single rooms to avoid the risk of discrimination.
The update comes 18 months after the April 2025 Supreme Court ruling, which stated that “the terms woman and sex in the Equality Act 2010 refer to a biological woman and biological sex”.
The guidance also makes clear that decisions regarding the facilities which a trans person uses should be made on a case-by-case basis, ensuring clinical needs are met, while maintaining the dignity and safety of trans and other patients. In some cases, clinical need will override priority, reports the BBC.
‘This guidance will not survive contact with reality in resource-strapped hospitals’
Following the updated guidelines, TransActual and Trans+ Solidarity Alliance said: “This NHS guidance emphasises clinical judgement as the priority over blanket exclusion, but leaves individual healthcare professionals unclear on how to safely look after trans patients. Forcing trans people into spaces based on our sex assigned at birth will never be the most clinically appropriate decision, and will push trans people away from accessing care.
“Doctors and nurses need to be able to prioritise looking after the person in front of them, not juggling scarce side rooms and writing breach reports to keep trans people safe.
“This guidance will not survive contact with reality in resource-strapped hospitals and will create unworkable operational challenges. The government failing to get a grip of this legal mess is sadly putting politics over patient care.”
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