Revealed: The ‘shameful’ NHS trusts and local councils DEFYING Supreme Court on landmark transgender ruling
Taxpayer-funded councils and hospitals up and down the country are defying the Supreme Court‘s landmark gender decision, MailOnline can reveal.
A cache of memos and statements has exposed the NHS and local government bosses ignoring a decision from Britain’s most senior judges.
On April 16, the Supreme Court ruled that the definition of a woman is based on biological sex, meaning trans women are legally men. Five Supreme Court justices unanimously decided: ‘The definition of sex in the Equality Act 2010 makes clear that the concept of sex is binary, a person is either a woman or a man.’
A government spokeswoman told MailOnline the decision ‘brings clarity for women and service providers such as hospitals, refuges, and sports clubs’ and said ‘we expect all providers to uphold the law and follow the clarity that the Supreme Court ruling provides’.
Yet while some sports associations have banned trans women from women’s sports, MailOnline can today reveal the councils and hospital chiefs around the country from Salford to Somerset who are still letting biological males into women’s toilets.
Some claim they are simply waiting for further guidance in addition to the decision from the highest court in the land. Others say they are waiting for the Equality and Human Rights Commission (EHRC) to tell them what to do.
Yet even when the EHRC followed up on the Supreme Court’s clear decision with interim guidance that ‘trans women (biological men) should not be permitted to use the women’s facilities and trans men (biological women) should not be permitted to use the men’s facilities,’ many of those same hospitals and councils did not react.
Women’s rights activist Kellie-Jay Keen, who was sent internal memos by concerned whistleblowers, told MailOnline: ‘They have got to a point where it doesn’t matter who said it, it doesn’t matter what law, they are going to let men into women’s spaces and they are doing it with the public purse.’
These are some of the heads of councils and NHS trusts that are defying the Supreme Court’s transgender ruling
NHS England has said not yet changed its guidance that trans women are allowed in women’s toilets despite the Supreme Court’s decision and interim guidance from the EHRC. Pictured: NHS England chief Sir James Mackey
Responding to MailOnline’s findings, a government spokeswoman said: ‘We expect all providers to uphold the law and follow the clarity that the Supreme Court ruling provides.’ Pictured: Prime Minister Sir Keir Starmer
Keen founded the Let Women Speak movement as well as the Party of Women, a political party that opposes trans ideology and promotes women’s rights.
She added: ‘This is what happens when you get a group of people who think that they are doing the work of the greater good.
‘It’s like we don’t matter to these people. They just couldn’t give a toss about women and women’s rights.
‘When it comes to a cult that’s not based in reality, there’s no place these people won’t go to defend it.
‘I hope they get sued to smithereens. You have to punish them with the full force of the law. You have got to make people pay.
‘It’s absolutely shameful.
Can you imagine being in that room saying, ”We are going to go against the Supreme Court”?
‘It’s a very quick descent into chaos.
‘The Supreme Court has to be the final word on this.
‘The council leaders have been brainwashed for a very long time. They are not the academic elite.
‘These institutions play with public money. They don’t face the consequences of their actions, they just waste money.
‘They are still managing to centre the conversation around men. Normal women are not considered.
‘Why should any of us need to care about these men when they are vastly outnumbered by women?
The chair of the EHRC Baroness Kishwer Falkner (pictured) said after the Supreme Court ruling that the NHS needed to change their guidance
Women’s rights activist Kellie-Jay Keen (pictured), who was sent internal memos by concerned whistleblowers, told MailOnline the fact that councils and NHS trusts were defying the Supreme Court was ‘shameful’
‘If a trans man [as in a man who is trans and claims to be a woman] can use women’s spaces, why bother having any spaces for women at all?
‘They are bonkers. It’s so crazy. They totally disowned the reality of women’s lives and what women need to live as a free citizen in this country, which is gendered access to women’s spaces.’
She said that in her belief the Gender Recognition Act, which gives trans people the legal right to be recognised in whatever gender they feel they are, ‘underpins all of this’.
She said it was ‘forcing people to lie’ and needed to be scrapped.
A spokeswoman from NHS England said it ‘recognise[d] the need for revised guidance’ but said it had not yet changed its own guidance that trans women were allowed in women’s toilets despite the Supreme Court’s decision and interim guidance from the EHRC.
It is also despite the chair of the EHRC Baroness Kishwer Falkner saying after the Supreme Court ruling that the NHS needed to change their guidance.
The NHS England spokeswoman added: ‘The NHS is working through the implications of the ruling, and we absolutely recognise the need for revised guidance.
‘It’s important for the Equality and Human Rights Commission to publish its statutory guidance before final decisions about future policy are taken.
‘In the meantime, we are working closely with Government to ensure we can provide updated guidance for the health service as soon as possible.’
Salford City Council
After the Supreme Court’s decision, Salford City Council said in a memo: ‘We know there will be mixed feelings in our communities about the Supreme Court’s decision on the legal definition of a woman.
‘Too often transgender people feel unsafe and experience stigma, discrimination and violence in their day-to-day lives.
‘As an organisation, we have a zero-tolerance approach to transphobia.’
However, instead of implementing changes on the back of the Supreme Court’s decision, it said: ‘We will be awaiting further guidance from the Equality [and] Human Rights Commission on next steps.’
But after the EHRC’s interim guidance said allowing trans women should not be allowed in women’s toilets, Salford City Council has announced no changes.
After the Supreme Court’s decision, it also said anyone ‘negatively impacted’ by the ruling could find ‘support ‘ from a slew of often controversial charities: Stonewall, Gendered Intelligence, Mermaids, MindOut and the LGBT Foundation.
Stonewall has come under fire for years, with concerns first emerging in 2020 about its value to the taxpayer.
Since then, multiple government departments have cut ties with the charity.
Organisations including the Royal College of Psychiatrists, Sport England, the BBC and Channel 4 have also ended their association with Stonewall.
And despite the EHRC also cutting ties with Stonewall, Salford City Council still listed it as a suggested charity to reach out to.
Gendered Intelligence has rejected aspects of the Cass report into kids’ gender services and ‘affirms’ children’s belief they have been born ‘in the wrong body’.
A leading doctor called it Gendered Intelligence a ‘transing factory’.
Mermaids has been accused of encouraging youngsters to transition simply because they do not conform to gender stereotypes, even though they may be too young to understand the consequences.
It had a scheme to send breast binders to children behind their parents’ backs and has also campaigned for greater access to puberty blockers, despite there being no medical evidence to support their use in children.
After the Supreme Court’s decision, Salford City Council said anyone ‘negatively impacted’ by the ruling could find ‘support ‘ from a slew of often controversial charities: Stonewall, Gendered Intelligence, Mermaids, MindOut and the LGBT Foundation
The chief executive of Salford City Council is Melissa Caslake (pictured)
The Cass Review warned treatment with puberty blockers ‘may change the trajectory of psychosexual and gender identity development’ but critically does not change a patient’s body dissatisfaction or gender dysphoria.
Despite the clear Supreme Court ruling, MindOut said just a day later in response to the judges’ decision that it would continue to support ‘self-expression’.
The LGBT Foundation was previously exposed by MailOnline for having created a colouring book for children as young as five that defined a woman as ‘someone who identifies as a woman’ and claimed not all people who can menstruate and become pregnant are women.
Salford City Council’s City Solicitor and Monitoring Officer Surjit Tour told MailOnline: ‘It is incorrect to say that we will not alter our policies.
‘We are working with our colleagues across Greater Manchester and the Local Government Association following the Equality and Human Rights Commission interim guidance which was only issued last week.
‘It is vital that we do everything possible to promote safety, dignity and respect across society.’
Bedford Borough Council
After the EHRC released interim guidance that stated trans women should not be allowed into women’s spaces because they were men, Bedford Borough Council refused to change its policies.
It said it would wait for the EHRC’s final guidance, which is expected by the end of June.
In a statement, it said: ‘The Council is aware of the Supreme Court judgement and the interim guidance issued by the Equalities and Human Rights Commission. It notes that the Commission has stated that it will provide updated guidance that will provide further clarity towards the end of June, following public consultation.
‘The Council is now in the process of evaluating what actions it may need to take to ensure that it continues to comply with the law as now clarified by the judgement and with the interim guidance.
‘It recognises that some residents and employees may be anxious to know how any changes to services may affect them. The Council is committed to equality of access to services and to preventing discrimination.
‘However, given that the EHRC has not yet issued its final updated guidance, the Council will be taking a careful and considered approach to this sensitive issue and will only make any changes where there is definitive guidance from the EHRC for it to follow.’
Laura Church (pictured) is the head of Bedford Borough Council
Fermanagh and Omagh Council
Although Fermanagh and Omagh Council, in Northern Ireland, initially said it would review its policies in the wake of the Supreme Court’s decision, it u-turned after protests from the LGBTQ+ community.
After the ruling, the council had said it would be ‘developing new guidance for the use of changing rooms at leisure facilities and toilets’.
But Omagh Pride said: ‘We reject cynical attempts to counterpose trans rights and women’s rights from those who have no interest in either.’
Fermanagh and Omagh Council’s chief executive Alison McCullagh then said the council would not change any policies until Northern Ireland’s Equality Commission published formal guidance in June.
She said she ‘regretted’ any ‘hurt’ caused and said ‘it would be directly contrary to our equality statement to implement procedures or policies that discriminated against anyone and certainly against transgender people’.
Fermanagh and Omagh Council’s chief executive is Alison McCullagh (pictured)
Leeds Teaching Hospitals NHS Trust
Leeds Teaching Hospitals NHS Trust has also not announced any changes, saying it too would wait for NHS England to clarify what the top court in the country meant when it said trans women were biological men.
It said any guidance would be considered in light of the Supreme Court ruling as well as ‘all relevant legislation’.
The Trust also offered its staff support for ‘times like this’.
The memo said: ‘You will most likely have seen the national news stories about the Supreme Court ruling where judges have said that ‘woman’ in UK law is based on biological sex.
‘It’s really important to clearly say that this ruling doesn’t change the fact that everyone is welcome at LTHT. We are an inclusive organisation, working together for the benefit of our patients, and we all continue to deserve respect and understanding. The same goes for all our patients and their families.
‘Knowing where to go for support at times like this is really valuable. LGBT + staff and allies can find help, advice and networking opportunities with the always welcoming LGBT+ Staff Network. Click here for their intranet page.
‘NHS England is currently reviewing the implications on the wider NHS and, as part of this process, will consider and take into account all relevant legislation and the Supreme Court ruling. We will keep staff and patients informed as this guidance becomes clear.’
The chief executive of Leeds Teaching Hospitals NHS Trust is Phil Wood (pictured)
In a memo to staff, the Trust’s deputy chief said any guidance would be considered in light of the Supreme Court ruling as well as ‘all relevant legislation’
Leeds and York Partnership NHS Foundation Trust (LYPFT)
LYPFT last updated its statement regarding the Supreme Court decision on April 28, on the same day the EHRC said trans women should not be allowed in women’s spaces.
Despite this and the Supreme Court judgment, LYPFT’s statement still said it would ‘await further guidance from NHS England’ before changing the fact trans women can still enter women’s spaces.
It said: ‘It is important to stress that UK law has not changed. The Equality Act 2010 is still the UK’s law that prohibits discrimination, harassment, and victimisation on the basis of nine protected characteristics. As a Trust we continue to stand behind this law and its principles.
‘At LYPFT we host national Gender Identity Services across England, as well as employing many LGBTQ+ staff including those from the trans, non-binary and intersex communities.
‘A Gender Recognition Certificate (GRC) is not required to be protected under the Equality Act 2010.
‘Our Gender Identity Services are still very much here – working hard to see and treat many people presenting with Gender Dysphoria. We are taking part in the national review [by the government], but we felt it was important to state we’re still very much open and operational. We will continue to see and treat trans people with the dignity and respect they both deserve and can expect under the current UK law.
‘What the Supreme Court judgment has changed is ”how” we protect people’s rights under the Act in future. That is something that thousands of public bodies, businesses and other organisations will be grappling with in the coming months.
‘In the NHS, we know that a full review of services will be required because previous guidance advised that trans patients should be accommodated according to their gender identity. NHS England is currently reviewing guidance on same sex accommodation, considering ”all relevant legislation and the recent ruling”.
‘So, we will continue to uphold the principles of Equality Act and await further guidance from NHS England on what changes we, and the thousands of NHS service providers, will need to make.’
LYPFT told MailOnline it would be ‘wrong to suggest’ it would ‘not alter our policies following the Supreme Court’s ruling’.
Dr Sara Munro (pictured) is the head of the Leeds and York Partnership NHS Foundation Trust
However, it confirmed it had not altered its policy following the Supreme Court’s ruling and stood by that decision.
It said: [Our] statement does not say that we will not alter our policies following the Supreme Court’s ruling on the Equality Act. It would be wrong to suggest that it does.
‘It states that the Equality Act 2010 is still the UK’s law that prohibits discrimination, harassment, and victimisation on the basis of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. As a Trust we continue to stand behind this law and its principles.
‘What the Supreme Court judgement has changed is ”how” we protect people’s rights under the Act in future. That is something that thousands of public bodies, businesses and other organisations are now grappling with.
‘We know that a full review of NHS services will be required because the current guidance advises that trans patients should be accommodated according to their gender identity. NHS England, which sets statutory guidance for trusts like us, is currently reviewing its guidance on same sex accommodation, considering ”all relevant legislation and the recent ruling”.
‘We will therefore continue to uphold the principles of Equality Act and await further guidance from NHS England on what changes we, and the thousands of NHS service providers like us, will need to make.’
Hampshire Hospitals NHS Foundation Trust
This Trust also said it would wait for ‘further guidance from NHS England,’ in spite of the Supreme Court’s ruling.
MailOnline understands that although some staff want to ban men from women’s toilets, they feel unable to do so despite the decision from the highest court in Britain.
Hampshire Hospitals NHS Foundation Trust added: ‘Ensuring we maintain an inclusive and respectful environment for everyone is central to our values and the care we provide.’
Alex Whitfield (pictured) is the chief executive of Hampshire Hospitals NHS Foundation Trust
Chesterfield Royal Hospital NHS Foundation Trust
Chesterfield Royal Hospital NHS Foundation Trust also did not announce any changes, saying instead that it would keep staff updated about further guidance from NHS England.
It also thanked staff for their ‘ongoing allyship’.
The Trust said on April 24 said: ‘Last week, the UK Supreme Court ruled that a woman is defined by biological sex under equalities law, and this ruling may have implications for gender-related policies and practices across the NHS. NHS England has said that they are working through the implications of the Supreme Court ruling, closely with the government, to provide further guidance as soon as possible.
‘We recognise that this ruling may be a source of uncertainty and concern for some of our colleagues and patients.
‘We remain committed to ensuring that the rights and dignity of all our colleagues and patients are upheld and respected, and that our Trust is a welcoming and inclusive place to both work and receive care.
‘We will keep colleagues updated about further guidance as we receive it. Thank you for your ongoing allyship and support of one another.’
Chesterfield Royal Hospital NHS Foundation Trust’s boss is Hal Spencer (pictured)
Avon and Wiltshire Mental Health Partnership NHS Trust
The day after the Supreme Court’s ruling, this NHS Trust said there would be ‘no immediate changes’ to its policies and would await ‘further guidance’ from the EHRC.
However, since EHRC guidance was provided on April 25, the Trust has not issued a new statement.
Its only statement read: ‘On Wednesday 16 April, the UK Supreme Court unanimously ruled a woman is defined by biological sex under equalities law.
‘There are no immediate changes to our policies and, like other NHS Trusts, we are now waiting for Equality and Human Rights Commission to provide further guidance on how any gender-related policies and practices within health and social care may be impacted.
‘We know and recognise the impact this may have on our Trans and Non-Binary staff, patients and carers and will work closely with them, and with our staff equality networks (including our LGBTQIA+ and Gender Equity Networks) to ensure Trans and Non-Binary rights and dignity are promoted, respected and upheld.
‘There is no place in AWP for any form of discrimination and we are proud of our diversity. It makes us a stronger, more compassionate, and responsive organisation. We remain focused on providing person-centred care and creating a safe and welcoming environment for all our staff, patients, families, and carers.’
North London NHS Foundation Trust
Pictured: Jinjer Kandola, the chief executive of the North London NHS Foundation Trust
This Trust in North London also acted in a similar way. On April 25 the Trust said it wanted to ‘assure you that there are no immediate changes planned to our policies in response’.
It too said it would wait for guidance from EHRC. However, since EHRC published interim guidance stating trans women should not be allowed into women’s spaces, the Trust has not issued another statement.
Its only statement on the matter said: ‘We know that this is a sensitive issue, with differing views, so wanted to assure you that there are no immediate changes planned to our policies in response and, like other NHS Trusts, we are now waiting for the national Equality and Human Rights Commission to provide further guidance on how any gender-related policies and practices may be impacted.
‘We recognise the impact this ruling may have on our patients, carers and staff and will work closely with them, and with our Staff Equality Networks, to ensure the rights of all our patients and staff continue to be promoted, respected and upheld and that we all continue to live all our NLFT Values.
‘As a Trust, we are clear that there is no place for any form of discrimination and we will continue to be proudly diverse. It makes us a stronger, more compassionate and responsive organisation. We remain focused on providing person-centred care and creating safe and welcoming environments for all our patients and carers and creating great places to work for all our staff.’
Hampshire and Isle of Wight Constabulary
Hampshire and Isle of Wight Constabulary has also defied the Supreme Court’s transgender ruling.
The force said it would wait for national guidance from the National Police Chiefs’ Council (NPCC).
It said: ‘We adhere to the national guidance on these matters, so will await any direction from the NPCC.’
When approached by MailOnline, the force said: ‘We recognise the importance of responding quickly to the Supreme Court’s ruling.
‘Along with forces across the country, we are working with our national colleagues to ensure that the new NPCC national guidance is implemented as soon as it is available.
‘We recognise how important it is to ensure clarity for both our officers and staff and for the public that we serve.’
Sam de Reya (pictured) is the Acting Chief Constable of Hampshire and Isle of Wight Constabulary
A NPCC spokesman said: ‘It is important for us to act on the Supreme Court’s ruling as quickly as we can, as both our colleagues and the communities we serve are looking for clarity on some very challenging issues. But it will inevitably take time to consider the full implications of the ruling.
‘We have already sought legal advice, as well as considering where guidance is most urgently required in this complex and sensitive area of policing.
‘Our immediate focus is on providing updated guidance for transgender search policies, single sex spaces such as changing rooms and toilets, as well as how we record data around protected characteristics, whilst we consider the full implications of the court’s decision across wider policies and procedures.
‘We are regularly updating forces on our progress, while interim guidance from the Equality and Human Rights Commission (EHRC) was circulated as soon as it became available.
‘Our work in all these areas will also inevitably be guided by the response of other public bodies, such as the EHRC and the Office for National Statistics.’
The Local Government Association did not respond to a request for comment. All institutions named in this article have been approached for comment.
