NHS gender policies must be changed, says watchdog

The NHS will be pursued if it does not follow new guidance on gender and single-sex spaces, the equalities watchdog has warned in the wake of the Supreme Court’s landmark ruling that transgender women are not legally women.

- MILLIE COOKE

The judgment, which stated that the definition of a woman in equality law is based on biological sex, means trans women with a gender recognition certificate can be excluded from single-sex spaces if doing so is deemed “proportionate”.

Current NHS guidance means trans people are accommodated on wards and other areas according to their presentation – the way they dress, and the name and pronouns they use. But Wednesday’s ruling now means NHS wards must accommodate patients based on their biological sex.

The Equality and Human Rights Commission (EHRC) said it was “working at pace” to provide an updated code of conduct for services, including the NHS and prisons. And now its chair has confirmed that the watchdog will pursue the NHS if it does not change its guidance.

Kishwer Falkner told BBC Radio 4’s