Trans patients could be treated in rooms on their own under NHS change

Hospital patients in England will have the right to request to be treated on single-sex wards under proposed changes to the NHS Constitution, with transgender people placed in rooms on their own.

The update “is about putting patients first”, ministers said, and includes plans to accommodate requests for same-sex intimate care.

But the British Medical Association warned the proposed changes could mean transgender and non-binary patients could “potentially find their access to vital NHS services limited”, while the Royal College of Nursing said changes to health policy should be done with patients “not unto them”.

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The changes will also enshrine Martha’s Rule in the NHS Constitution in a bid to bolster patient safety. Under the planned revisions, transgender people could be placed in a room on their own if another patient requests to be in a single-sex ward.

This would be permitted under the Equality Act 2010 when appropriate, “such as respecting a patient’s wish to be in a single-sex ward”, according to the Department of Health and Social Care.

In October, former health secretary Steve Barclay said he would look into changing the constitution to address concerns about trans women using wards intended for biologically female patients.

Health and Social Care Secretary Victoria Atkins said: “We want to make it abundantly clear that if a patient wants same-sex care they should have access to it wherever reasonably possible. We have always been clear that sex matters and our services should respect that.

“By putting this in the NHS Constitution we’re highlighting the importance of balancing the rights and needs of all patients to make a