Asked by: Baroness Hayter of Kentish Town (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, further to the Written Answer by Baroness Merron on 10 September (HL616), when they will publish the outcome of their consultation which included a section on sex and gender and made commitments relating to same-sex accommodation, intimate care, and gendered language.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
Analysis of the responses to the consultation is currently still in progress, and a decision on the outcome of this process will be made at the earliest opportunity.
Asked by: Baroness Hayter of Kentish Town (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government whether the NHS recruitment requirement for new psychologists working with children with gender dysphoria to “practice in a gender affirming manner in line with WPATH SOC 8”, that is, the World Professional Association for Transgender Health's standards of care, is in line with its endorsement of the Cass Review.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
All of the National Health Service’s new Children and Young People’s gender services are being established closely in line with recommendations from the Cass Review, which the Government and NHS England are committed to implementing in full.
The recruitment campaign referred to relates to a temporary service which was set up solely to provide psychosocial support for the relatively small number of children and young people already referred to endocrine clinics by the Tavistock Gender Identity Development Service clinic, prior to the closure of that service in March 2024. The trust has acknowledged that old terminology was used in the job advertisement, including the references to the World Professional Association for Transgender Health's standards of care, and is amending it.
Asked by: Baroness Hayter of Kentish Town (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government when they plan to publish the outcome of the Department of Health and Social Care consultation on patients' rights to request medical treatment (1) from someone of the same biological sex and (2) on single-sex wards, where "sex" refers to biological sex.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
Earlier this year, there was a consultation on a series of updates to the NHS Constitution, which included a section on sex and gender, and which made commitments relating to same-sex accommodation, intimate care, and gendered language. Analysis of the responses to the consultation is currently in progress, and a decision on the outcome of this process will be made in due course.
Asked by: Baroness Hayter of Kentish Town (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what discussions they have had with the General Medical Council about its policy of describing doctors on its register by gender rather than by sex.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The General Medical Council (GMC) is the regulator of all medical doctors practising in the United Kingdom. It sets and enforces the standards all doctors must adhere to. While the GMC is independent of the Government, it is directly accountable to Parliament, and is responsible for operational matters concerning the discharge of its statutory duties.
The GMC maintains an official list of doctors, which is called the List of Registered Medical Practitioners. The GMC is obliged under the Form and Content of the Register Regulations to obtain and publish information in relation to a doctor's gender rather than sex. The Government has not had discussions with the GMC about the doctors on its register being described by gender rather than by sex.
Asked by: Baroness Hayter of Kentish Town (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what discussions they have had with NHS England about whether biological sex determines which chaperone to be offered to patients who request a chaperone of a particular sex.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
All patients should be given the opportunity to state their preferences in relation to the sex of their chaperone, and this must be documented in their clinical records. Patients should have the opportunity to decline a particular person if that person is not acceptable to them for any reason. They must then decide if they wish the examination to proceed or be rescheduled, and this decision should also be recorded in their clinical records.
The General Medical Council (GMC) has published guidance on intimate examinations and chaperones, which provides a framework for all healthcare professionals. This sets out when and why a patient may need a chaperone, and the considerations that should be given. The GMC’s guidance is available on their website, in an online only format.
Asked by: Baroness Hayter of Kentish Town (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what assessment they have made of the guidance issued by Cambridge University Hospitals which states that: "Staff will be used as chaperones according to the gender they identify ... [and] will not share their trans status with patients nor would it be appropriate for any colleague either to share the trans status or another colleague with a patient or visitor”; and what assessment they have made of the compatibility of this guidance with the Government's definition of sex as biological sex in the context of intimate care.
Answered by Lord Markham - Shadow Minister (Science, Innovation and Technology)
Cambridge University Hospital does not recognise the wording provided in the question as belonging to their chaperone’s guidance. The Government has been clear about the importance of biological sex, and the importance of respecting the privacy, dignity, and safety of all patients.
Our proposed changes to the NHS Constitution reinforce the National Health Services’ commitment to providing single-sex wards, and will empower patients to request that intimate care is carried out by someone of the same biological sex, where this is reasonably possible.
Asked by: Baroness Hayter of Kentish Town (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government whether it is their policy for the NHS to refer to "people who have ovaries" rather than "women" and whether this phraseology has been market tested with women, including those for whom English is a second language, to ensure that it is fully understood.
Answered by Lord Markham - Shadow Minister (Science, Innovation and Technology)
It is not Government policy for the National Health Service to refer to ‘people who have ovaries’ and this phraseology has not been market tested. We have been clear that biological sex matters and it is important to use language that recognises the separate health and biological needs of men and women.
For all sex-specific conditions, we expect the language used to put biological sex, for example “women”, front and centre, with biologically-relevant information relating to specific organs or hormones secondary.
Asked by: Baroness Hayter of Kentish Town (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government whether they have reviewed the decision of the Care Quality Commission to approve the registration of Gender Plus Healthcare in east London, which runs the private Gender Plus hormone clinic set up by former Tavistock Gender Identity Development Service specialist Dr Aidan Kelly, and which can refer patients aged 16 to 18 for cross-sex hormone treatment.
Answered by Lord Markham - Shadow Minister (Science, Innovation and Technology)
The Care Quality Commission (CQC) is the independent regulator of health and social care in England, and one of its statutory responsibilities is to assess and register providers of regulated activity, as set out in schedule one of the Health and Social Care Act 2008. Gender Plus Healthcare is a United Kingdom based private gender clinic offering a range of treatment options, including hormone treatment, for those aged 16 years old and over.
In January 2024 the CQC approved Gender Plus Healthcare’s registration to carry out the regulated activity of treatment of disease, disorder, or injury, with the provider having met the CQC’s requirements for registration. The registration by the CQC was on the condition that the provider must not carry out the regulated activity of treatment of disease, disorder, or injury, on those under the age of 16 years old, at any location.
Asked by: Baroness Hayter of Kentish Town (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government why NHS England has decided to allow the prescription of gender affirming hormones as a routine commissioning treatment option for young people from around their 16th birthday after only a literature review and without consulting medical and other specialists, or taking note other countries’ experience of such hormones.
Answered by Lord Markham - Shadow Minister (Science, Innovation and Technology)
NHS England has not adopted a new policy for gender-affirming hormones since 2016. NHS England made a consequential amendment to their gender-affirming hormones policy to bring it into alignment with the new puberty suppressing hormones policy. This planned update was set out in the puberty suppressing hormones policy consultation documents.
NHS England has put additional safeguards on the use of cross-sex hormones, including that any prescription to young people aged between 16 to 18 must be approved by a national multi-disciplinary team.
NHS England will continue to review the gender affirming hormone policy in line with the latest clinical advice and take note of recommendations set out once the Cass Review has delivered its final report.
Asked by: Baroness Hayter of Kentish Town (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government why the National Institute for Health and Care Excellence 2020 evidence review of gender-affirming hormones for children and adolescents with gender dysphoria was not referenced in the list of resources which informed NHS England’s decision on the prescription of gender-affirming hormones for children and adolescents.
Answered by Lord Markham - Shadow Minister (Science, Innovation and Technology)
NHS England has not adopted a new policy for gender-affirming hormones. NHS England made a consequential amendment to their gender-affirming hormones policy to bring it into alignment with the new puberty suppressing hormones policy. This planned update was set out in the puberty suppressing hormones policy consultation documents.
NHS England has put additional safeguards on the use of cross-sex hormones, for instance that any prescription to young people aged between 16 and 18 years old must be approved by a national multi-disciplinary team.
NHS England will continue to review the gender affirming hormone policy in line with the latest clinical advice, and will take note of recommendations set out in the Cass Review, once the final report has been delivered.