Question to the Department of Health and Social Care:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, what plans they have to ensure that NHS services offered to people of the female biological sex are provided by staff of female biological sex; and whether they will issue guidance about the rights of patients to request a staff member of the same biological sex.

The Supreme Court ruling about the meaning of ‘sex’ in the Equality Act 2010 case has provided much needed confidence and clarity to service providers. We expect all providers to follow the clarity this ruling provides.

National Health Services are patient centred, and the NHS Constitution is clear that patients have the right to receive care and treatment that is appropriate to them, meets their needs, and reflects their preferences.

Patients are able to request that intimate care is provided by someone of the same sex. This is recognised through the accompanying Care Quality Commission statutory guidance to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. In line with this guidance, we expect that providers will make every reasonable effort to respect patient preferences.