Transgender patients could be treated in their own room if other patients asked to be placed on single-sex wards, under government plans to update the NHS Constitution.
The proposed revisions will reaffirm the right of patients to request treatment on single-sex wards, as well as the right to request that a person of the same biological sex provide intimate care.
In both cases, rights are currently only available where possible and, in the case of single-sex wards, may be violated if there is an urgent clinical need.
That comes later former health secretary Steve Barclay presented plans in October last year ban transgender women from being treated in women-only hospital wards in England.
Ministers say the changes – which will highlight the importance of biological sex for the first time in National Health Service Constitution – they are about “putting patients first”.
The changes were welcomed by sexual rights groups, who described them as a “return to common sense”.
However, the British Medical Association – the registered union for doctors in the UK – warned that this could mean that transgender and non-binary patients “potentially will have limited access to vital NHS services”.
However, the Royal College of Nursing (RCN) states that trans and non-binary patients “deserve high-quality care like any other patient” and that changes to healthcare policy “should be made with them, not for them”.
Announcing the plans, Health and Social Care Secretary Victoria Atkins said: “We want to be very clear that if a patient wants same-sex care they should have access to it whenever reasonably possible.
“We have always been clear that sex is important and our services must respect that.
“By including this in the NHS Constitution, we are highlighting the importance of balancing the rights and needs of all patients to create a healthcare system that is faster, simpler and fairer for everyone.”
Under planned revisions, transgender people could be placed in a room alone if another patient requested to be placed in a same-sex ward.
This would be permitted under the Equality Act 2010 where appropriate, “such as respecting a patient’s wish to be on a single-sex ward”, according to the Department of Health and Social Care.
The new document also aims to ensure that different biological needs are met and that diseases and conditions that affect men and women in different ways are clearly communicated to patients.
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Health Minister Maria Caulfield said: “Updating the NHS Constitution is crucial to ensuring the principles that underpin our work in the NHS are for everyone.
“It’s about putting patients first, giving them the dignity and respect they deserve when they are at their most vulnerable.”
However, Professor Nicola Ranger, head of nursing at the RCN, said patients could already request intimate care from a member of staff of the same sex.
“But in an NHS where there is a shortage of tens of thousands of nursing staff, it is almost impossible to accommodate with any consistency,” she said.
Meanwhile, Labour’s shadow health secretary Wes Streeting said “rights on paper are useless unless they are realized in practice”.
Shadow health secretary Wes Streeting. File photo
“The NHS Constitution already promises that no patient will have to share a ward overnight with patients of the opposite sex, but this is not the case for many patients,” he added.
“Workers support single-sex wards and will provide the staff, investment and reform the NHS needs to ensure all patients can be cared for safely.”
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Maya Forstater, chief executive of Sex Matters, a human rights charity that campaigns for clarity about sex in law, policy and language, said Atkins’ reference to biological sex was “very significant”.
“This will benefit anyone who requires same-sex intimate care on the NHS in England, or who may need it in the future,” she said.
“We can expect an indignant response from trans rights activists, but this is simply a return to common sense and a belated recognition that women’s well-being and safety are important.”
Maya Forstater. File photo
The NHS Constitution outlines the rights of patients and staff and is updated every 10 years.
Other proposed changes, which are subject to an eight-week consultation, include a commitment to providing families with a second opinion when a patient’s condition is worsening.
Implementation of the escalation process, also known as Martha’s Rule, began earlier this month and follows the death of 13-year-old Martha Mills in 2021.
She developed sepsis after suffering an injury to her pancreas following a bicycle fall.
Martha’s parents, Merope Mills and Paul Laity, raised concerns about their daughter’s health several times, but these were brushed aside.
Martha Mills. File photo: PA
A coroner ruled that she likely would have survived if doctors had identified the warning signs of her rapidly deteriorating condition and transferred her to intensive care sooner.
Sir Julian Hartley, chief executive of NHS Providers, said: “This consultation marks a once-in-a-decade opportunity to review and redefine the NHS’ relationship with patients.
“Fiduciary leaders are committed to creating a responsive and effective NHS that meets the current and future health needs of all patients and the communities they serve.”
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