NHS Policy Audit - working party -Thread #3

Thanks for the new thread!

Popping on to share a couple of (heartening) clauses that I haven't come across before. These are from Queen Victoria Hospital NHS Foundation Trust's Supporting Gender Identity Policy [2022]. It would be interesting to know if either of these has ever been used to protect single sex wards/bays:

"There may be some circumstances where it is lawful to provide a different service or exclude a TNB person from the single sex ward of their identified gender but only if this a proportionate means of achieving a legitimate aim. Any decision to do this must therefore be based on:
- an objective and evidence-based assessment of the circumstances and relevant information
- Balancing the need of the TNB person and the detriment to them if they are denied access, against the needs of other service users and any detriment to them if the TNB is admitted."

"12.2 Risk assessment
Staff may be concerned about the possible risks & vulnerabilities that could arise as a consequence of a TNB person being admitted to a ward in accordance with their identified gender. These should be assessed objectively in light of the cause of that concern."

Before anyone gets too excited, the very next paragraph reads:
"12.3 Using toilets & showers TNB people have equal rights to access single gender toilets or showers as any other person. Consequently TNB people should be able to use the facility appropriate to their identified gender."

Sorry this is long... I've submitted SE Coast Ambulance which covers Brighton. Trans Policy drafted with GIRES.
Very open - all policies etc available on Trust website. Pages dedicated to trans including their commitment to the trans community, guidance for call-takers and clinical staff.

Apols if the form is confusing. Wouldn't usually have a patient single-sex accommodation policy being an ambulance trust - but they do refer to hospital transfers so I've included.

Trans paramedic poetry
Transgender Day of Remembrance Poem by Steph Meech, 18 November 2019
When I meet my maker, And go up to the skies, I will sit right down beside them, And look them in their eyes. Oh, why did you do this, Oh, why will I cry, My life has been a struggle, Right up until I died. I was not like the others, I just did not fit in, I had so many issues, Just where would I begin. I was born a boy, But even I could see, As I grew up, There was no male in me. I tried to be a good son, A father and a dad, But deep inside I am hurting, And I’m feeling bad. For I am a lady, And I have always been, I have just hidden her, Didn’t want her to be seen. But now I am a female, I just want you to see, That girl that’s there in front of you, That girl is really me. Please do not judge me, I do that by myself, I want to be me know, Not anybody else. I may not be a beauty, That I must confess, With my dyed red hair, And my long coloured dress, But I am at peace now, For who you now see, Yep that lady, Well that lady is really me. So don’t be afraid, Don’t be shy, Please don’t ignore me, Please don’t walk on by.

The staff policy is remarkable:
It is crucial to use the correct pronouns, names and titles when speaking to trans people. Nothing is more distressing than being regarded as a man when you identify as a woman, or vice versa.

Employees caring for trans patients must ensure that trans people have access to appropriate facilities whilst in their care, which accord with their full-time presentation.

Not seen this before in a trans policy - this is the government positive action guidance:
https://www.gov.uk/government/publications/positive-action-in-the-workplace-guidance-for-employers/positive-action-in-the-workplace
Positive action is a range of measures allowed under the Equality Act 2010 which can be taken to encourage and train people from under-represented groups to help them overcome disadvantages in competing with other applicants. Positive action can be used to encourage particular groups to apply, or to help people with particular protected characteristics to perform to the best of their ability. In circumstances where the candidates are "as qualified as" each other, two applicants could be equally appointable following interview with the same qualifications and experience, and under the Equality Act it would be appropriate to select the individual from the minority group in order to enhance diversity within that team.

The Trust will not count absences related to the gender reassignment process in stages for absence management.
It should be noted that absences from work in order to have treatments linked to gender reassignment, are protected under the Equality Act 2010, and may not be used to disadvantage a person in terms of, for instance, promotion.

Where required potential users of the facilities should have trans awareness training to help them to be properly prepared, to welcome any trans person who is starting to use the facilities. It is not appropriate to request that a trans person use accessible toilet facilities. If others do not wish to share facilities with a trans person, then they, rather than the trans person should be directed to accessible facilities.
Where locker or shower facilities are open plan, then the Trust will review this and, at the least, will provide some provision (e.g. curtained spaces) where employees need not be in a state of undress in the presence of others. If it is genuinely impossible to adapt locker or shower facilities in order to accommodate an employee in a state of undress, then the Trust will make reasonable adjustments for the employee concerned. If planning alteration work or commissioning a new building, consideration should be given to providing more gender-neutral facilities, and/or changing the labelling on some facilities so that they are gender neutral. Greater privacy may be provided by having more cubicles, and by having partitions that extend from floor to ceiling, and doors that extend to the floor.

Welcome - there is plenty to do. Could you take Portsmouth Hospitals University NHS Trust? Thanks

Hello! Thanks for all your amazing work - if there’s still lots to do I’d like to help, but despite having watched your threads in fascination, I haven’t worked out how you actually do it. But if you’re happy to brief me, I’d love to pitch in.

Ta