NHS still has no single-sex spaces for women as hospital trusts ‘defy’ Supreme Court ruling

The remaining five trusts declined to disclose their policies either publicly or through freedom of information requests.

Not a single trust was found to have established protected spaces exclusively for female patients and staff, according to the dossier compiled by a group of concerned women.

Ministers have yet to publish recommendations from the Equality and Human Rights Commission, which Women and Equalities Secretary Bridget Phillipson, is said to have received in September.

Shadow Equalities Minister Claire Coutinho condemned the NHS policies as "ranging from the mad to the downright dangerous".

"NHS trusts are clearly putting ideology above the law in a way that undermines the safety and privacy of staff and patients," she said.

She pointed to specific cases including the Darlington Nurses, Sandie Peggie, and Jennifer Melle as evidence of the problem in practice, suggesting many more incidents have gone unreported.

"Despite what these HR policies may say, the law is clear that biological sex is real and relevant," Ms Coutinho stated.

She insisted the Supreme Court ruling must serve as the starting point, demanding that any trust permitting biological males into women-only facilities "must be forced to comply swiftly and without exception".

The Conservative MP urged the Government to take immediate action, calling for the draft EHRC guidance to be released without further delay.

Several trust policies examined reveal strikingly permissive approaches to single-sex accommodation.

York and Scarborough Teaching Hospitals NHS Foundation Trust guidance reads: "The gender/sex spectrum is complex and the concept of a clear cut man/woman divide is, in itself becoming questionable with more and more people choosing to self-identify."

University Hospitals Dorset NHS Foundation Trust policy declares that non-binary individuals should receive full support in using whichever facilities they find comfortable, rather than being compelled to choose based on gender expression.

Bradford Teaching Hospitals NHS Foundation Trust includes guidance warning staff about transgender dementia patients potentially being coerced by relatives, cautioning that family members may attempt to isolate patients from their trans support networks.

Rotherham, Doncaster, and South Humber NHS Foundation Trust previously warned that breaching its policy could trigger hate crime investigations. That guidance has since been withdrawn but remains unreplaced.

Helen Joyce, director of advocacy at Sex Matters, described the situation as though UK equality law were founded on self-declared gender identity rather than biological sex.

"Even after the Supreme Court established the exact opposite in April, confirming that equality law is based on biological sex rather than how someone identifies, NHS trusts are refusing to accept this," she said.

Ms Joyce argued that trusts should not be waiting for EHRC guidance intended for smaller operators, insisting their own legal teams ought to be advising them they are breaking the law.

A spokesman for the NHS said: The NHS is continuing to review its guidance on same-sex accommodation while we await final guidance from the Equality and Human Rights Commission and, as part of this process, will consider and take into account all relevant legislation and the Supreme Court ruling.”

A Government spokesman said: “We have always supported the protection of single-sex spaces based on biological sex.

"This ruling brings clarity and confidence, for women and service providers such as hospitals, refuges, and sports clubs.

“We expect all service providers, including hospitals, to act on the ruling and through our 10 Year Health Plan, we will ensure people receive the care they need, when and where they need it.

“NHS England is currently reviewing its ‘delivering same-sex accommodation’ guidance and will ensure it reflects the Supreme Court ruling.”

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