Transgender NHS staff can treat patients who request same-sex care

A new report suggests that transgender NHS staff can treat patients who request same-sex care for intimate procedures.

According to a letter seen by the think tank Policy Exchange, North Bristol NHS Trust is unable to ensure that patients who request treatment by a clinician of the same-sex can receive it.

Policy Exchange said the trust is “unlikely to be unique” in its position, as it is acting in accordance with NHS guidance.

The letter, written by Evelyn Barker, the former chief executive of the trust in February 2021, stated that details about the clinicians involved in a patient’s treatment may be relevant when making informed consent but, “there is no requirement for clinicians to disclose their gender identity.”

It added: “The Trust accepts that there may be some exceptions where a transgender person will be expected to disclose their gender identity … where the staff member has their Gender Recognition Certificate and is fully transitioned to their preferred gender, this will not apply.”

However, the letter does not include what exceptions are included and fails to define what “fully transitioned” means.

Under the Health and Social Care Act 2008, clinicians are legally required to gain the consent of patients before they conduct any treatment. Patients can also refuse treatment at any time if they are dissatisfied with the clinician or treatment offered.

Following a thorough examination of the letter and “Gender Identity Ideology” in the NHS, Policy Exchange concluded that the “implications of this policy for patient consent are considerable.”

The report highlighted that, “Patient consent regarding same-sex intimate care relies on a patient knowing the biological sex of the person treating them … This is impossible if Trust staff are not required to disclose this where a concern may be raised.”

Policy Exchange recommended that the trust should uphold a patient's right to same-sex intimate care and same-sex wards, and NHS England should revise its guidance around same-sex wards.

Nimco Ali, a former government adviser and women’s rights activist, commented that the letter provided more evidence that “reveals the NHS to be seriously compromised by an ideology that is diminishing the rights of women and girls”.

NHS England have said that a review into the same-sex ward guidance is ongoing.