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NHS body withdraws trans bathroom guidance after Supreme Court ruling

The Independent

|

June 07, 2025

An NHS body has been criticised after it quietly withdrew guidance advising hospitals to allow trans people to use bathrooms and changing rooms of their choice.

- ATHENA STAVROU

NHS body withdraws trans bathroom guidance after Supreme Court ruling

The NHS Confederation – which represents NHS trusts across the UK – confirmed to The Independent that it had removed the guidance from its website as it became “dated” after April’s Supreme Court ruling.

The judgment found that the terms “woman” and “sex” in the Equality Act 2010 refer to a biological woman and biological sex, sparking disputes on how Britain should treat its equality policy.

In the weeks after the ruling, the Equality and Human Rights Commission (EHRC) issued interim guidance which stated that trans women “should not be permitted to use the women’s facilities” in workplaces or public-facing services such as shops and hospitals. The guidance is being legally challenged by transrights groups.

The NHS Confederation said it had withdrawn its previously trans-inclusive advice and will issue new guidance when the EHRC updates its official Code of Practice.

But trans rights groups have warned guidance on access to single-sex spaces is currently a legal “minefield”.

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