Key facts
- Trans patients should use hospital wards or bays aligned with their biological sex.
- Decisions must ensure clinical needs, dignity, and safety for all patients.
- Previous guidance allowed accommodation based on gender identity.
- Supreme Court ruling in April 2025 defined 'sex' as biological sex.
- Gender-neutral spaces should be offered to trans people.
- Staff facilities should also be based on biological sex.
NHS England has issued new guidance stating that transgender patients should be housed in hospital wards or bays that align with their biological sex, rather than their gender identity. This directive, released on Thursday, follows a significant Supreme Court ruling in April 2025 which clarified that the term 'sex' in equality law refers to biological sex. The guidance acknowledges that case-by-case decisions may be necessary to ensure clinical appropriateness, while prioritizing the dignity and safety of all patients. Previously, NHS England guidance allowed for patients to be accommodated based on their gender identity. The new advice also encourages the provision of gender-neutral spaces and emphasizes that clinical needs can override sex-based ward assignments, particularly in emergency settings. Similar guidance has been issued for staff facilities, recommending their use be based on biological sex.