Pride month this year feels different. In the past it has felt a celebration of how far we have come as a nation in not only accepting but embracing the rainbow of differences that are behind the initials LGBTQ+.
But with the proposed changes to the EHRC code of practice on gender rights, we know from our LGBTQ+ members that trans people are now fearful of being harassed in public and uncertain of their rights to using public spaces.
Pride month had its root in a fight for equality, and at National Voices we very much stand by the need to not only celebrate but continue to work to ensure people from whatever background have equal rights to use health and social care services.
You’ll see there, that I have specifically limited National Voices active work to the space that we know best. In the same vein, we have decided our work will focus on making these spaces feel safe for everyone to use and not on the legal fight around the ECHR ruling.
We have made this decision because National Voices is at its best when it focuses on where it can make a real difference, leaving other organisations to take the lead in their own areas of expertise.
We have written out to NHS England, the Patient Safety Commissioner and the Care Quality Commission to raise our concerns about the safety of trans people using NHS services.
We know NHS England is working on an updated version of the same sex accommodation guidance in light of the ECHR ruling and subsequent ongoing consultation and have raised the following concerns.
- If a trans person is waiting for an elective operation, including cancer, would this be delayed by a wait for a single room? If so, how does this imfringe on their rights for equitable treatment and meeting the RTT target
- If a trans person is in a single room and someone else with actual clinical need requires that room (such as someone with an infectious disease or nearing end of life), what would happen to the trans person’s care? Where would they be moved to and would they be at risk of being discharged before medically safe to do so?
- What toilets will people be expected to use and will this be in a sense ‘policed’? If one option is to use disabled toilets we would expect the signing to change to reflect trans inclusion, in part as we wouldn’t want a trans identity to be seen as a disability. However, the number of disabled toilets in our facility are limited, and some only accessible by a RADAR key, and we are concerns about how shared use would impact on how people with a disability using these toilets themselves.
- Trans NHS staff are also now unclear where they can go to the toilet, what changing room to use, and what support (if any) they can expect from managers – especially when policies now contradict their lived reality and identity. The stress of having to navigate these contradictions every day is significant.
- What response is expected from staff if a trans person is subjected to intimidating behaviour as a result of their gender identity of expression?
The above concerns have been developed in conjunction with our member charities that directly support trans people. These members have also developed really useful resources on this issue which we have included below and encourage you to share across your organisation.
We will continue to update members through 2025 in this area of work and welcome input from our wide umbrella of member organisations.
Resources: