NHS England issues guidance on biological sex for hospital wards

NHS England has issued new guidance requiring that hospital accommodation and other single-sex services be provided based on biological sex rather than gender identity. Under these rules, patients should generally be accommodated in line with their sex as registered at birth, though decisions may be made on a case-by-case basis to meet specific clinical needs.

The guidance also extends to staff facilities, such as changing rooms, and requires NHS organizations to ensure that toilets and bathrooms remain sex-segregated. It follows a UK Supreme Court ruling establishing that “sex” in the Equality Act refers to biological sex.

An internal NHS England impact assessment warns that the policy could lead to adverse outcomes for transgender patients. The report suggests that a lack of available gender-neutral spaces might result in “corridor care,” delays in treatment, and increased risks to physical and mental wellbeing. There are also concerns that patients may avoid seeking healthcare due to the fear of being “outed” or facing discrimination.