An NHS Trust has risked a fresh trans row after it confirmed that men can still access women’s bathrooms and wards despite new guidance saying otherwise.
Midlands Partnership University NHS Foundation Trust told staff last week that there would be “no immediate changes” to its policies or practices until it received further guidance from NHS England.
Patients are still able to access single-sex facilities, that includes hospital wards, due to the Trust’s Trans Inclusions and Single Sex Accommodation policies, which allow for gender identity to choose spaces over biological sex.
Staff are also allowed to access single-sex spaces based on their gender identity, including toilets and showers.
The Equality and Human Rights Commission’s revised Code came into force last week, over a year after the Supreme Court ruled that “sex” is defined by biological sex rather than gender identity.
The ECHR revision now means that transgender people should use the facilities that are intended for their biological sex, or mixed sex spaces.
Disgruntled MPFT employees showed an email to The Telegraph, which read: “We understand this may be a difficult and anxiety-provoking time for our trans, non-binary and gender-diverse colleagues, service users and communities, and we want to reassure you that we stand by you, and remain committed to being an inclusive organisation.”
Female employees said that they were upset by the decision to leave the policies unchanged.
One said: “The email lists a range of groups that the Trust stands by, but there is no mention of women or people who think sex matters.
“It isn’t safe to raise this at work. The email is signed by the top people in the organisation.”
Staff working at MPFT told The Telegraph that they were “intimidated” about discussing the issue.
Terry Stock, a public governor at MPFT, said he was disappointed but unsurprised by the lack of policy change.
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Mr Stock has repeatedly challenged the policies since he took up his position in late 2024, warning of a risk to female staff and young girls.
After raising his concerns, he was discouraged from attending an LGBT+ staff event because it was “not an appropriate forum for questioning the legitimacy of trans identity or debating trans rights,” as his concerns had left colleagues feeling “hurt or excluded.”
“The Trust appears to be ideologically captured,” said Mr Stock.
“Senior officials have repeatedly failed to address the conflict between these policies and the law. Nothing changes. They show a complete disregard for women’s privacy, dignity and safety.”
NHS England has declined to set out a timetable for replacing national guidance.
An ECHR spokesman said that health bodies and employers should be following the law and “updating their policies if needed.”
“We will monitor compliance with the law and take enforcement action where it is proportionate and necessary,” they added.
An MPFT spokesman said: “The Trust accepts the Supreme Court judgment and is implementing the EHRC Code of Practice through a structured implementation programme.
“A small number of policies are under formal review, informed by external legal advice and any relevant NHS England guidance as it becomes available.
“As a mental health and community provider, we must also balance our wider legal duties to protect safety, privacy, dignity, safeguarding and human rights, including for vulnerable patients.”
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