Question to the Department of Health and Social Care:

To ask Her Majesty's Government, further to the Written Answers by Lord Kamall on 24 May (HL476 and HL475), what is the policy for recording the gender of people who self-identify as non-binary in medical records; and what is the legal underpinning for this policy.

The Government continues to consider emerging data and research on the experiences of non-binary people to understand how future policy can be developed. In general, the National Health Service identifies individuals as male or female via NHS numbers and medical records. This aligns with the Gender Recognition Act 2004 which refers to two sexes: male and female. NHS bodies must always consider any legal obligations under the Equality Act 2010 and compliance with the European Convention on Human Rights in respect of those who identify as non-binary.