Leaders at the Midlands Partnership University NHS Foundation Trust (MPFT) have informed transgender staff that they can continue to use women-only toilets and facilities, a stance that remains unchanged despite recent guidance reinforcing single-sex spaces based on biological sex. The trust, which serves 1.7 million people across a 2,400-square-mile area, has stated there will be 'no immediate changes' to its policies.
This decision comes as the Equality and Human Rights Commission (EHRC) issued a new code of practice on Wednesday. This code reinforces a Supreme Court ruling that sex in equality law refers to biological sex rather than gender identity. The EHRC guidance stipulates that organizations must provide single-sex spaces that align with biological sex and warns that failing to do so could constitute discrimination or unlawful harassment against women.
However, an email sent to MPFT staff on the day the guidance came into force stated the trust would 'stand by' its transgender, non-binary, and gender-diverse colleagues, service users, and communities, without mentioning female staff. This implies that transgender staff may continue to access facilities such as toilets and changing rooms that should now be designated for women based on their biological sex. The trust also indicated that transgender patients will continue to be accommodated on single-sex wards according to their gender identity, rather than their biological sex, as per its Trans Inclusion and Single Sex Accommodation policies.
The trust has stated it is awaiting further guidance from NHS England. Nevertheless, the EHRC guidance is explicit that single-sex services must be provided based on biological sex, and that transgender individuals should use facilities designated for their biological sex or opt for separate or mixed-sex alternatives.
A female member of staff expressed concern over the trust's email, telling The Telegraph that women felt upset but that it was not considered 'safe' to voice these concerns due to the communication being officially sanctioned. This employee noted the email listed various groups the trust supported but omitted any mention of women or those who believe sex is a relevant consideration.
Terry Stock, a public governor at MPFT, voiced disappointment, characterizing the trust as 'ideologically captured' and accusing it of disregarding women's privacy, dignity, and safety. Although the trust agreed in April 2025 to review the legality of its policies, a June freedom of information response confirmed no changes had been made.
Other organizations are also reportedly set to diverge from the new EHRC code of practice. At least three local councils are proceeding with leisure center projects totaling £50 million that will include mixed-sex changing rooms, notwithstanding the Supreme Court ruling. An EHRC spokesperson indicated that health bodies and employers are expected to comply with the law, update policies as necessary, and could face enforcement actions if they do not.
A spokesperson for the trust acknowledged the Supreme Court judgment but stated the EHRC Code of Practice would be implemented through a 'structured implementation program.' NHS England has indicated that updated policies will be released shortly.