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The Guardian - UK
The Guardian - UK
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Sonia Sodha

How did NHS body get the law so badly wrong over its rules on same-sex care?

A view through a door to a hospital ward (slightly out of focus), with medical equipment (in focus) on the left of the image in the near foreground
There are many reasons why some women may prefer female staff, particularly with intimate care. Photograph: Jeff Moore/PA

Patients are supposed to be at the heart of everything the NHS does. This is considered such an important principle that, a decade ago, the fledgling NHS constitution was rewritten after the mid-Staffs scandal, in which so many patients died, to make clear it should frame every aspect of NHS work.

Yet, last week, the NHS Confederation, the membership body for NHS providers, published guidance that appears to cut this ethos adrift. Its stated objectives are incredibly important: supporting trans staff by helping healthcare leaders to understand their needs and address any workplace discrimination they may face. But it also includes guidance on how to handle requests for same-sex care that gets the law badly wrong and could lead NHS trusts to unlawfully discriminate against female patients.

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