NHS England issues new guidance affecting trans and non-binary people on hospital accommodation and staff facilities

20 October 2026 (Last updated: 20 Oct 2026 12:47)

NHS England has published revised guidance on hospital accommodation, setting out how NHS organisations should meet the NHS Constitution’s pledge on same-sex accommodation. The guidance reflects the latest interpretation of the Equality Act 2010 following the Supreme Court judgment. It states that trans people should be accommodated according to their biological sex, while asserting services should take account of clinical needs and the privacy, dignity and safety of all patients.

Statement from BASHH and BHIVA

The British Association for Sexual Health and HIV (BASHH) and British HIV Association (BHIVA) are deeply concerned about the impact of this guidance on transgender and non-binary people, including the risk of increased stigma, distress and barriers to accessing healthcare. Sexual health and HIV services have a long history of supporting diverse communities, many of whom already experience significant health inequalities. It is essential that the implementation of this guidance does not undermine patient trust or compromise equitable access to safe, respectful and appropriate care. We are also concerned to ensure that all in our diverse and dedicated workforce feel safe and supported in the workplace.

BASHH and BHIVA bring attention to the guidance’s clear assertion that clinical needs remain a priority. Trust, respect and equitable access to care are cornerstones of sexual health and HIV services. It is essential that all patients continue to receive compassionate, clinically appropriate care, and that services remain safe and inclusive for everyone – this is a foundation for better clinical outcomes. As organisations work through the implications of this guidance, meaningful engagement with affected communities and frontline healthcare professionals will be vital to understanding and addressing its potential impact and we will be working with our members and communities to facilitate this.

Read the NHS England guidance in full: https://www.england.nhs.uk/long-read/privacy-dignity-and-safety-in-hospital-accommodation/

Read the NHS guidance on NHS Staff Facilities: https://www.england.nhs.uk/publication/guidance-on-nhs-staff-facilities/