The Christian Legal Centre has welcomed the government decision to introduce new guidance in NHS England stating that biological sex, rather than gender identity, must determine policy on sex-segregated spaces.
The guidance follows high profile cases involving a group of Darlington nurses and Christian nurse, Jennifer Melle.
Melle was suspended after speaking publicly about an incident in which she refused to use male pronouns with a transgender patient identifying as a woman. She was eventually reinstated and told she had “no case to answer” by the Nursing and Midwifery Council (NMC).
Similarly, the Darlington nurses objected to a biological male using the female changing rooms. After a lengthy legal battle, they received an apology and a six-figure payout.
Under the new guidance patients are, as a general rule, to be accommodated according to their biological sex, although exceptions can be made, particularly if clinical needs are a concern. The guidance also makes clear that the comfort and dignity of all patients is a central concern.
In cases where someone is placed in accommodation that does not match their biological sex, this must be reported.
The NHS is also required to ensure that spaces such as toilets and bathrooms remain sex-segregated, to monitor and report breaches, and to take action to prevent such incidents.
The guidance covers staff areas, such as changing rooms.
Andrea Williams, chief executive of the Christian Legal Centre, which supported both the Darlington nurses and Jennifer Melle, said, “This is welcome and long-overdue guidance. It has taken a long-fought battle, led by courageous women such as the Darlington nurses, to put biological reality back at the heart of NHS policy.
“But an important gap remains. The guidance does not give NHS staff the clarity and protection they need over pronoun use. Jennifer Melle was investigated, disciplined and referred to the Nursing and Midwifery Council after declining to use female pronouns for a biologically male patient. She was eventually cleared, but no nurse should have to endure that ordeal for using biologically accurate language.
“NHS England must now make clear that healthcare professionals cannot be compelled to use preferred pronouns or penalised for declining to express beliefs about gender identity that they do not hold.”
