Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, what plans they have to ensure that GP practices, NHS hospitals and clinics have dedicated changing facilities for staff of female biological sex; and what guidance they will issue about disciplinary action against staff of male biological sex who seek to use those facilities.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
We have always supported the protection of single-sex spaces based on biological sex. Single-sex spaces are protected in law and will always be protected by the Government.
The Supreme Court ruling about the meaning of ‘sex’ in the Equality Act 2010 case has provided much needed confidence and clarity to service providers. We expect all providers to follow the clarity this ruling provides.
The Government expects the National Health Service 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 is reviewing its ‘delivering same-sex accommodation’ guidance and will ensure it reflects the Supreme Court ruling.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, whether they will review any cases where a patient of the female biological sex claimed that they were assaulted or raped by a person of male biological sex and the NHS Trust denied males were present based on the gender rather than the biological sex of the alleged assailant.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The Department cannot comment on individual cases. Due to the nature of the claims set out, the Department would expect that a police investigation would have been necessitated. As such, this would be a matter for the police and the individual National Health Service trusts to consider, where relevant.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, what plans they have to include biological sex of patients on medical records.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The Department is committed to accurately recording biological sex, not just for research and insight, but also for patient safety. We have already acted on this point. On 20 March 2025, the Secretary of State for Health and Social Care (Wes Streeting MP) instructed the National Health Service to immediately suspend applications for NHS number changes for children under 18 years old to safeguard them. It was completely wrong that children's NHS numbers can be changed if they change gender; children's safety must come first.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, what plans they have to include the biological sex of civil servants in reports about those employed by the Department of Health and Social Care and its agencies and public bodies.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The Department, like all other Government departments (OGDs) and public bodies, has a Public Sector Duty to ensure equality of opportunity, including when reporting on sex. This means the Department will continue to consider the impact of its policies and decisions on all people with protected characteristics. The Department will continue to include the biological sex of civil servants in reports about those employed by the Department and its agencies and public bodies.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, what plans they have to issue guidance to NHS staff regarding patient requests to be placed on a ward with other patients of the same sex; and whether staff who report patients with those requests will face disciplinary action.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
We have always supported the protection of single-sex spaces based on biological sex. The Supreme Court’s ruling about the meaning of ‘sex’ in the Equality Act 2010 has provided clarity to service providers.
My Rt Hon. Friend, the Secretary of State for Health and Social Care has already committed to publishing guidance about placing transgender patients on hospital wards in the summer.
The National Health Service is reviewing its Delivering same-sex accommodation guidance and will ensure it reflects the Supreme Court’s ruling and is aligned with the Equality and Human Rights Commission’s statutory guidance, when this becomes available.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, whether they will issue guidance to ensure that NHS staff who refer to another person by the pronoun of their biological sex do not face disciplinary action.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
It is the responsibility of National Health Service employers to determine their own policies for staff, in accordance with their legal obligations. We expect NHS providers to follow the clarity that the Supreme Court’s ruling brings.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, whether they will issue guidance to hospital trusts to ensure patients of male biological sex are not placed in wards or facilities used by patients of female biological sex, except in emergencies; and whether they will publish this guidance within six weeks.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
We have always supported the protection of single-sex spaces based on biological sex.
The Supreme Court ruling about the meaning of ‘sex’ in the Equality Act 2010 case has provided much needed confidence and clarity to service providers.
My Rt Hon. Friend, the Secretary of State for Health and Social Care has already committed to publishing guidance about placing transgender patients on hospital wards in the summer.
The National Health Service is currently reviewing its Delivering same-sex accommodation guidance and will ensure it reflects the Supreme Court’s ruling and is aligned with the Equality and Human Rights Commission’s statutory guidance, when this becomes available.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, what guidance they will issue to (1) the Department of Health and Social Care, and (2) agencies and public bodies that work with the Department, about updating their policies and written guidance; whether they will consult the organisation Sex Matters in doing so; and whether the revised policies and written guidance will be laid before Parliament.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The Supreme Court ruling about the meaning of ‘sex’ in the Equality Act 2010 case has provided much needed confidence and clarity to service providers. We expect all providers to follow the clarity this ruling provides.
The Equality and Human Rights Commission is currently reviewing sections of the draft Code of Practice which need updating. They will shortly undertake a public consultation to understand how the practical implications of this judgment may be best reflected in the updated guidance, which will be seeking views from affected stakeholders.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, what plans they have to issue guidance to (1) royal medical colleges, (2) healthcare professional organisations, and (3) other stakeholders that interact with the department, about implementing the Supreme Court ruling.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The Supreme Court ruling about the meaning of ‘sex’ in the Equality Act 2010 case has provided much needed confidence and clarity to service providers. We expect all providers to follow the clarity this ruling provides.
The Equality and Human Rights Commission is currently reviewing sections of the draft Code of Practice which need updating. They will shortly undertake a public consultation to understand how the practical implications of this judgment may be best reflected in the updated guidance, which will be seeking views from affected stakeholders.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, what plans they have to ensure that NHS services offered to people of the female biological sex are provided by staff of female biological sex; and whether they will issue guidance about the rights of patients to request a staff member of the same biological sex.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The Supreme Court ruling about the meaning of ‘sex’ in the Equality Act 2010 case has provided much needed confidence and clarity to service providers. We expect all providers to follow the clarity this ruling provides.
National Health Services are patient centred, and the NHS Constitution is clear that patients have the right to receive care and treatment that is appropriate to them, meets their needs, and reflects their preferences.
Patients are able to request that intimate care is provided by someone of the same sex. This is recognised through the accompanying Care Quality Commission statutory guidance to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. In line with this guidance, we expect that providers will make every reasonable effort to respect patient preferences.