NHS trans guidance- URGENT request for help!

So sorry I didn’t see this in time, Watermonster. Best of luck. Please let us know the results.

Sorry above refers to University Hospitals of Morecambe Bay

A Health Board that on page 2 of its document cannot even get the 9 protected characteristics right!!!!! Neither " Gender" nor "Gender Identity are protected characteristics.
Wonder who wrote this document?

nothingcomestonothing Indeed I wish they had separated sex from gender reassignment in the EIA which might have allowed them to stop and think about this PC on its own. I’ve seen other policies from other trusts which differ markedly in length and content which I find a bit surprising tbh given the cross-pollination going on.
Are there any “model” ones out there?

I’ve almost come to the conclusion that until the Ann Sinnott Judicial Review application outcome is known, there is not a great deal I could really achieve on my own. In her Crowdfunded case note update re her challenge to the EChr Statutory Code she says the “argument is compelling and the evidence damning.” The other JR re prisons will hopefully help too re same sex spaces. I appreciate that this could take over a year to conclude but there does seem to be much more public awareness now which was lacking when the policies were first drafted. Maybe the scots will have also debated the self-ID proposals too which will raise awareness even more.
I’ve tried to find an English law equivalent of the Scots legislation approved last week re ‘sex not gender’ but so far can’t find anything. If you or anyone else knows of something please link here.

Inky How can the EIA say the impact of this policy on the PC of sex is neutral? When it's not permitted to discuss/disclose a person's sex, how can other patients raise their concerns about sharing a ward with an opposite sex bodied person? Or withhold their consent to examinations by a staff member whose body and stated identity don't align? And paper curtains solve the problem for those with religious needs? FFS, these institutions are so captured.

Correction, the University Hospitals of Morecambe Bay revised guidance (referred to in the Toolkit posted by the op) was put on their public website late yesterday as I was sent a link from the Patient Services manager.

www.uhmb.nhs.uk/application/files/9816/0812/9722/Transgender_Guidance_-_Colleagues_and_Patients_2020.docx

Any comments welcome if you have a moment. Thanks

Thanks. I have done the survey today to point out that the policy they referred to wasn’t available. I’m still digging for evidence. There is quite a bit to go at, starting with the fact that on their website which says under a heading Privacy and dignity
We want your experience with us to be as good as it can be. We aim to provide you with high quality care and treatment that is safe, effective and respects your privacy and dignity:-

Patients who are admitted to any of our hospitals will only share the room where they sleep with members of the same sex, and same sex toilets and bathrooms will be close to their bed area. Sharing with members of the opposite sex will only happen by exception based on clinical need, for example, where patients need specialist equipment such as in Intensive Care or when patients choose to share.

We also ask our patients and visitors to respect the privacy and dignity of others. If you have any concerns, please let us know.

The Equality Act sch 3 , para 28 Gender reassignment 739 says This paragraph contains an exception to the general prohibition of gender reassignment discrimination in relation to the provision of separate and single sex services. Such treatment by a provider has to be objectively justified.

The words ‘objectively justified’are key here and themselves have a legal definition. This can’t be on a case by case basis irrespective of what the unhelpful ehrc guidance says.

Hi I'm out of the catchment area for the consultation referred to by the OP but have discovered that the Morecambe Bay Hospitals NHS Trust Transgender Care document (version 1.1) referred to on page 27 (oddly under non NHS resources heading) was not available. I made enquiries with the hospital trust as I live in the catchment area and it has been updated and I have been told it will be uploaded to the website soon. I have been sent a word copy but don't know how to share it here as don't have a link. From a quick skim through there are similar issues with it as with the Toolkit under consultation only their Equality Assessment re Sex has only considered it from the Trans person's viewpoint so is said to be 'neutral/positive.'
I think there is a similar problem with the South London & Maudsley NHS trust document which isn't on their website either.

It appears that has been extended until the 17th December.
Bump it in for more responses.

Thanks OP and contributors very interesting read

Just looking at the EIA now.
Under 'pregnancy and maternity' (neutral impact) the text says 'There is no evidence to show that any elements of the toolkit would have an impact on marriage and civil partnership.'
Text input error or have they not actually considered pregnancy and maternity?

Brilliant work everyone. Just doing mine even though I have already said it all to them by email...it never ends...

Cross posting here from the other thread - CALLING DEVON WOMEN!!

DEVON**

Devon women! I received a response to my FOI about the review due on their policy which currently allows male rapists on female wards: www.whatdotheyknow.com/request/707779/response/1691857/attach/2/Freedom%20of%20Information%20Response%2020%2021%20182.pdf

"The Trust is currently undertaking biennial review of the Supporting transgender, non-binary and intersex patients’ policy in line with policy requirements. The ratified policy will be published in spring 2021, following thorough review and consultation with a range of key stakeholders. As the policy review is currently in early stages of scoping, the Trust is not currently able to provide details of the review process undertaken and outcomes as these have not yet been reached.This information will be available once the process has completed, in spring 2021."

I don't live in Devon but became aware of this terrible policy because Devon Partnership Trust also approved the toolkit commissioned by my local CCG (Bristol/North Somerset/South Glos).

Please ACT NOW to get involved in this. The FOI response raises lots of questions (who are the stakeholders?), but I think the first thing to do is INSIST the trust carries out an EIA, as BNSSG CCG have now done, setting a precedent.

Completed ✔

Bump...

Interesting - the EIA references Greater Glasgow and Clyde CCG which also put out trans guidance that the public objected to.
GGC CCG have now apologised for not updating guidance on puberty blockers to reflect risks:

www.thetimes.co.uk/article/0889d1de-3cc1-11eb-838a-941b63872fa8?shareToken

Done.

Quick bump.

Thanks OP. This will be something to do over the weekend.

I am about to Tweet and will signpost to this Mumsnet thread and Watermonster list of objections. My own responses are: revised EIA is approximately OK although will need revision very soon as law and guidance is changing both in NHS and from legal cases. But Trans doc uses "gender identity" language and ideology, which is not accepted by most people and is detrimental to women and girls, and women and girls MUST in law have single-sex wards and intimate care from female clinicians if they request.

Thank you Water and everybody!

Case by case is nonsense and completely unworkable - daft policy dumped by ppl who won't have to deal with ramifications onto overworked ppl who will.

Glinner shared this about earlier and I completed it for you. I may have been a little to disparaging about that bloody leaflet and what I thought of the content!

^An example of a trans child is a 4 year old who attempted to cut their genitals :O
And no where after reading that is there any questioning of the parents' assertion that this shows the 4 year old is trans and, even worse, no guidance in the document that this child needs urgent referral to child protection^

This is shocking

Why do women have to do all this work to fight against people wanting to break the law?! Is there any other area where this is happening?

Well quite. It's exhausting.

I've done this OP, so will my mum and my best friend and I've shared where I can.

It's also a reminder to check with my own NHS trust.

It's so tedious but we must keep going.

Done.

The EIA needs to be redone but the guidance document just needs binning - I thought I'd already reached peak medical negligence promoted by the trans lobby, but WTF on page 9. An example of a trans child is a 4 year old who attempted to cut their genitals :O
And no where after reading that is there any questioning of the parents' assertion that this shows the 4 year old is trans and, even worse, no guidance in the document that this child needs urgent referral to child protection. FFS, there is so much malpractice and neglect of kids that is all glossed over by sparkle and rainbows.