Do not stop transgender people from receiving care in mainstream hospital wards

The previous government proposed changes to the NHS constitution which would mean transgender hospital patients in England may not be treated in female- and male-only wards. We believe that this segregation is discriminatory, dangerous, and violates the Equality Act 2010 and it must not go ahead.

We believe this would be in direct opposition to the Equality Act of 2010, particularly Part 3 - Services and Public Functions. Transgender people require healthcare like anyone else, and many live with limited access to that healthcare as it is. We believe this must not proceed.

The Government is clear that all patients, including transgender patients, deserve to be treated with compassion, dignity and respect when in the receipt of NHS services. The NHS provides a comprehensive service available to all and will continue to treat all transgender patients in need of care.

In 2024, the previous government consulted on a series of proposed updates to the NHS Constitution as part of its statutory requirement to complete a review every 10 years. This included a proposal to update the existing pledge on sleeping accommodation.

We appreciate the time and care spent by everyone who contributed to the consultation at the time. Following the General Election in 2024, the Government is considering next steps and will provide an update shortly.

With respect to NHS care, apart from in a few exceptional circumstances, patients should not have to share sleeping accommodation with others of the opposite sex and should have access to segregated bathroom and toilet facilities. Exceptions to this are mainly confined to patients who need highly specialised care, such as that delivered in critical care units, or where it is clearly in the patient’s best interest to receive rapid treatment, and same-sex accommodation is not the immediate priority. We expect NHS trusts to comply with these measures, as well as wider expectations to deliver health services in accordance with the Equality Act 2010, having appropriate regard to protected characteristics as defined in the Act where relevant.

NHS England’s policy for delivering same-sex accommodation is set out in the 2019 guidance ‘Delivering same-sex accommodation’: https://www.england.nhs.uk/statistics/wp-content/uploads/sites/2/2021/05/NEW-Delivering_same_sex_accommodation_sep2019.pdf. This includes guidance about placing trans patients on hospital wards.

This guidance is currently under review by NHS England to ensure it fairly balances the needs of all patients and will be published in due course.

In the meantime, we are gathering the views, experiences and ideas of the public and health and care staff as part of the biggest national conversation about the NHS in its 76-year history. This will help to shape the 10 Year Health Plan to build a service fit for the future. This includes exploring options for reforming the NHS so that it is inclusive, fair, and meets the needs of all staff and patients.

If you have anything you would like to share about the future of the NHS, please share your views on the NHS Change website: Project: Your ideas for change | Change NHS (https://change.nhs.uk/en-GB/projects/your-ideas-for-change).

Department of Health and Social Care