@england.nhs.uk just published new formal guidance telling hospitals to put transgender patients in wards based on their “biological sex”.
That means they’re now putting trans women in men’s wards, and trans men in women’s wards, regardless of their personal circumstance or how vulnerable they are.
![2.49 The Supreme Court in For Women Scotland Ltd v The Scottish Ministers (For
Women Scotland) [2025] UKSC 16 has ruled that a GRC does not change a
person’s legal sex for the purposes of the Equality Act 2010. The judgment
held that ‘sex’, ‘woman’ and ‘man’ mean, respectively, biological sex, biological
woman and biological man for the purposes of the Equality Act. The judgment
uses the expression ‘biological sex’ to describe the sex of a person at birth.
The phrase ‘biological sex’ has the same meaning when used throughout this
Code. This is also referred to as ‘sex at birth’ in this Code.
2.50 This means that, in relation to the Act, a person’s sex remains their biological
sex, whether they have a GRC or not. For example, a trans man with a GRC is a
woman and a trans woman with a GRC is a man, for the purposes of the Act.
2.51 This Code only relates to the application of the Equality Act 2010. It does
not deal with the implications of the For Women Scotland judgment for the
application of section 9 of the Gender Recognition Act 2004 to any other
legislation.
2.52 A trans person will be protected from discrimination because of gender
reassignment, whether they have a GRC or not.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:d6kh7vfdnkvxfujempyasetw/bafkreiehjm7xjd2u3xwhgwjdnzx4knn6bnit4otp3afjxwvlsqhaqomkaq)
