The Telegraph has yesterday reported:

“Sex is biological fact, NHS declares” and “[the NHS] will ban trans women from female-only wards”.

However these statements do not reflect the reality of the NHS’ position. The story refers to a consultation which the Government is carrying out over proposed changes to the NHS Constitution.

The consultation does propose some changes, or at least clarifications, over guidance on care for people who are transgender and in respect of single-sex spaces.  But the changes are modest and do not justify The Telegraph’s characterisations.

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1. Nowhere do the proposals describe sex as “biological fact”:

What the background to the proposals says is that, “we are defining sex as biological sex”. In other words, the proposals recommend that, when it comes to same-sex NHS services and spaces, the health service should generally treat people according to “biological sex” and not gender identity.  That is a not a broader finding of fact on the matter, but rather, the approach it is proposed that the NHS takes. It is not clear that this is anything new.  The existing Charter already refers to “sex”, and the position on matters relevant to the protection of single-sex spaces is largely defined by the Equality Act 2010, which has not changed.

2. Transwomen will not be “banned” from female-only wards:

The relevant pledge states, “if you are admitted to hospital, you will not have to share sleeping accommodation with patients of the opposite sex, except where appropriate”. So, there may be occasions (when “appropriate”) that people of different biological sex share sleeping accommodation. The consultation goes on to state that in fact, some wards may be mixed sex where private rooms are available.  Additionally, the rules on single-sex accommodation do not apply to emergency care. Furthermore, this is all in the pre-existing guidance, which is clarified but not substantively changed by the new proposals.

3. “The NHS” has not “declared” anything:

These proposals appear to have been made by the Government and the (political) Secretary of State, not the NHS as an independent body. In summary, the proposed changes are minor.  These are largely clarifications, blown out of proportion by The Telegraph and other newspapers, to support their culture war agendas. Regardless of stance about the issues of single-sex spaces and rights, it is important that the public has access to reliable and accurate information on relevant developments. False or misleading claims in newspapers like The Telegraph risk misinforming the public and damaging the integrity of the debate.