NHS Trusts: Gender
The question
To ask the Secretary of State for Health and Social Care, whether he will commission NHS England to produce updated national guidance on the provision of single‑sex spaces for both patients and staff, in line with recent case law.
Answered by Karin Smyth
We expect National Health Service organisations to follow the law and implement the Supreme Court’s ruling in For Women Scotland Ltd v. The Scottish Ministers, and to take specialist legal advice where necessary.
On 21 May 2026, my rt. Hon. Friend, the Minister for Women and Equalities, laid the Equality and Human Rights Commission's (EHRC) Code of Practice for services, public functions and associations in Parliament. Parliament now has 40 sitting days to consider the Code.
NHS England is currently reviewing its Delivering same-sex accommodation guidance and will ensure it reflects the Supreme Court ruling and is aligned with the EHRC’s Code. We are clear that this revised guidance will respect the privacy, dignity and safety of all patients.
Regarding NHS staff, while this Code does not directly apply to employers, its explanation of the Equality Act 2010, particularly around unlawful discrimination and harassment, will be relevant to, and helpful for, employers in considering how they best comply with their obligations under that legislation. The Department will decide on issuing any further guidance that might be relevant for staff.
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