Trans people should use hospital spaces according to biological sex, NHS England says
Summary
NHS England has issued new guidance saying that transgender patients in hospitals should be placed in wards matching their biological sex, not their gender identity. This change follows a 2025 Supreme Court ruling that defines "sex" as biological sex under equality law. The guidance also encourages gender-neutral spaces to avoid discrimination and emphasizes clinical needs and patient safety.Key Facts
- Trans patients should be placed in single-sex hospital wards or bays based on biological sex.
- Alternative arrangements should be made if this is not clinically appropriate.
- Previous guidance allowed placement based on gender identity but was withdrawn after the 2025 Supreme Court ruling.
- The Supreme Court ruled that "sex" means biological sex, and single-sex spaces should only include people of the same biological sex.
- NHS England encourages providing gender-neutral spaces to avoid discrimination against trans people.
- Clinical needs take priority in emergencies and urgent care settings.
- NHS trusts should audit their facilities to ensure enough gender-neutral or single-occupancy options.
- NHS data shows breaches of mixed-sex ward rules have increased from 3,853 in June 2025 to 5,520 in August 2026.
- The guidance has received mixed responses, with sex-based rights groups supporting it and trans rights groups raising concerns about hospital staff training and resource challenges.
- The NHS has faced legal cases about the use of changing rooms and dignity, including a 2026 case where nurses claimed discrimination over a trans colleague using female changing rooms.
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