Freedom of Information Request – Ref: FOI 059-2025
Thank you for your recent Freedom of Information request. Please find our response below.
You asked:
The recent Supreme Court ruling in ‘For Women Scotland vs The Scottish Ministers’, clarified the meaning of ‘sex’ in the Equality Act 2010 as ‘biological sex’. The Equality and Human Rights Commission states:
‘This means that, under the Act:
A ‘woman’ is a biological woman or girl (a person born female). A ‘man’ is a biological man or boy (a person born male). If somebody identifies as trans, they do not change sex for the purposes of the Act, even if they have a Gender Recognition Certificate (GRC).
A trans woman is a biological man
A trans man is a biological woman’
Please set out what action(s) you have taken in your NHS Trust to ensure that each of the following aligns with the Supreme Court ruling and, in consequence, with the Equality Act 2010:
1. Gender reassignment and/or transgender guidance and policies relating to staff
Our response:
Policy working group is currently reviewing the Trust’s Diversity and Inclusion Policy and it will clarify the definitions in light of the ruling.
You asked:
2. Gender reassignment and/or transgender guidance and policies relating to patients
Our response:
We do not have a specific policy but the following clinical policies refer, please see the links below:
Assessing Managing Clinical Risk
Health Records Clinical Record Keeping
You asked:
3. Policies on same sex accommodation
Our response:
Please see the link below:
Single Sex Accommodation Policy
You asked:
4. Related Equality Impact Assessments
Our response:
The Diversity and Inclusion policy will have an updated Quality and Equality Impact Assessment in line with Trust policy where appropriate to do so.
Next steps:
Should you have any queries in relation to our response, please do not hesitate to contact us. If you are unhappy with the response you have received in relation to your request and wish to ask us to review our response, you should write to:
Louise Moss
Head of Legal Services / Associate Director of Corporate Governance
c/o Gloucestershire Health and Care NHS Foundation Trust
Edward Jenner Court
1010 Pioneer Avenue
Gloucester Business Park
Brockworth, GL3 4AW
E-mail: louise.moss@ghc.nhs.uk
If you are not content with the outcome of any review, you may apply directly to the Information Commissioner’s Office (ICO) for further advice/guidance. Generally, the ICO will not consider your case unless you have exhausted your enquiries with the Trust which should include considering the use of the Trust’s formal complaints procedure. The ICO can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.