The guidance, published on Thursday, says that when it is not clinically appropriate to place a trans patient in a ward matching their biological sex, alternative arrangements should be made. Decisions may need to be made on a case-by-case basis, ensuring that clinical needs are met and that the dignity and safety of the trans patient and other patients are maintained.
Previous NHS England guidance had allowed patients and staff to be accommodated in wards or use facilities based on their gender identity. That meant a trans woman – a biological male who identifies as a woman – could choose to be on a women's ward, and a trans man – a biological female who identifies as a man – could opt for a men's ward. That guidance was withdrawn following the Supreme Court ruling.
The new guidance also emphasises that to avoid discriminating against trans people, they should be offered gender neutral spaces. It makes clear that there are circumstances where clinical need is the overriding priority, including in emergency units and urgent care settings. In addition to patient guidance, NHS England has published advice for hospital trusts on how to organise changing rooms.