NHS hospitals defy trans ruling and allow biological men to use female-only wards

NHS trusts are going against the Supreme Court ruling on transgender individuals and allowing biological men to enter female-only spaces.

West London NHS Trust is permitting biological males who hold gender recognition certificates to access female-only wards and toilets, despite the Supreme Court's determination that "sex" under the Equality Act 2010 means biological sex.

The trust has directed patients that single-sex facilities may be used according to their "legal gender", including those possessing a GRC.

Under this approach, a person born male who identifies as transgender and has obtained a GRC will be granted entry to women-only spaces.

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Critics argue this stance contradicts the Supreme Court judgment, which has been broadly understood to mean individuals born male should be excluded from female facilities.

The trust provides NHS services across Ealing, Hounslow and Hammersmith and Fulham, with particular emphasis on mental health care, including women-only units at St Bernard's Hospital, The Telegraph reports.

Claire Coutinho, the shadow equalities minister, described the trust's approach as "astonishing" and branded it unlawful.

"Biological males must not be allowed into single-sex female spaces, but more than a year on from the Supreme Court ruling, the Government has completely failed to get a grip on public services that are still flouting the law," she said.

She emphasised that hospital patients, particularly women and girls, are often in vulnerable situations and deserve assurance that their safety and privacy will be safeguarded.

The shadow minister called on the Health Secretary to demand the policy's immediate withdrawal and to publish national guidance that is now more than twelve months overdue.

One individual who helped uncover the policy documents described them as filled with convoluted language intended to mislead people into believing they were receiving genuine single-sex provision.

Fiona McAnena, director of campaigns at Sex Matters, accused the trust of attempting to sidestep legislation governing single-sex spaces.

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"The term 'legal gender' has no basis in law or medicine and it's extraordinary that NHS bosses at West London think that they can test the law by writing rules using bogus terminology," she said.

She warned that patients or staff members could have grounds to mount a legal challenge against the trust.

Ms McAnena cautioned that if this policy remains in place, other NHS trusts throughout the country might adopt similar approaches.

"The sooner NHS England brings out a revised policy that complies with equality law and protects sex-based rights, the better," she added.

Women's rights campaigners have expressed concern that the trust's stance could establish a harmful precedent, weakening efforts to maintain protected spaces based on biological sex.

The trust defended its position, with a spokesman stating: "Our policy is a temporary version while we await national NHS guidance.

"It reflects the Supreme Court ruling, and we have used legal advice to help make sure we balance the rights of each protected individual or group while maintaining our ability to provide safe and effective care."

The trust revised its transgender policy in April and indicated it would update the guidance again once NHS England provides further direction.

The Equality and Human Rights Commission has confirmed that the Supreme Court ruling establishes a person's legal sex as that recorded at birth and that obtaining a GRC does not alter one's legal sex for Equality Act purposes.

An NHS spokesman said: "The Equality and Human Rights Commission’s statutory guidance has been laid in Parliament, and we are reviewing it with the aim of publishing draft guidance for the health service shortly."

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