NHS Digital - help needed with gender category complaint

[Nightmare2022]

Wise MNetters, I need your help with a complaint I am making to NHS Digital . I am complaining about their gender categories. You can see the categories here in Table 3.1. They initially advised me to select the gender category ‘Other’ in response to my complaint.

My response to this was “I do not consider myself to have a gender which is ‘Other’. I do not accept the concept of gender. You are discriminating against me by catering to people with the protected belief of gender ideology but not catering to me and my protected belief of being gender critical.”

Their response to this is ‘The responsible team in this instance have been in touch with the policy team at NHS England and they believe that someone who describes themselves as having 'no gender' would align to the 'Other (not listed)' value on the existing list. They are, however, aware that the guidance that relates to this ‘other’ category should be updated to make this explicitly clear.

The National LGBT Project Team at NHS England have advised us that the updated guidance will be published in the near future.’

They seem to have missed the point. I do not believe I have no gender. I do not accept the concept of gender so the question of gender makes no sense to me. I only believe in biological sex.

I have had it explained to me here on MN that gender critical means placing the importance of biological sex above the importance of gender but I’m taking it further and don’t believe in gender at all. I am happy for other people to believe in it and they can keep their gender categories but I want a category for ‘No belief in the concept of gender’. My case is that I’m being discriminated against without this.

Does anyone have any research they can point me to on the concept of gender that I can refer to in pursuing this complaint? Are there other gender deniers out there? Any other thoughts on this complaint?

And no, I’m not transphobic. Other people can I believe whatever they want I just don’t want their views imposed on me.

I think, if I understand correctly, that what you want is for them to accurately record your sex, so that the gender identity question can be skipped without putting your health at risk. Fair to say this does not seem unreasonable to me.

Tell them they should do what the censor did. Which is collect sex, ie the biological fact that NHS needs to know to do its job properly, and additionally and optional, do you have a gender identity, ie as additional information you might collect such as being vegitarian, or following a particular faith.

Sex Matters properly have the best advice, or you could refer them to this House of Commons briefing which shows that gender critical views are protected and that are failing to protect them www.mumsnet.com/talk/womens_rights/4693689-employment-tribunal-rulings-on-gender-critical-beliefs-in-the-workplace-house-of-commons-library-summary (I know its about employment but it makes clear you have a protected belief and they are not acknowledging it)

You could also point out that whilst minority views should be listened to it isn't for a minority ie the LGBT Team to have the right to say how other people should describe themselves eg if they had an option that said cis women rather than women.

I wonder if you can frame this in their terms and say you don't wish to disclose your 'gender'?

'Gathering information on gender identity and trans identity is important to allow us to better understand health inequalities'

This sounds like other sensitive personal information like nationality. This is always optional. Perhaps worth raising from a data protection pov, also? Why do they need this information, and what happens when you don't want to give it?

They seem to be conflating gender with sex in some places eg

“Data item description - An indication of whether the patient's gender identity is the same as their gender assigned at birth”

I’d try to use an example like praying. To ask a question like How Often A Week Do You Pray, then offer the Options of 1, 2, 3 or Other means that anyone who doesnt pray has no opportunity to say that, but must tick Other which could be taken to mean that they pray 4 or 5 times a day.

Gender Identity isn’t a proven thing and many (most?) people don’t have one. That should be reflected in the questions. Ask about Sex, then have additional questions to encompass gender identity (ie Do you have a gender identity? If so, what is it?) and to ensure trans people are recognised.

How does this fit in with GDPR laws about data collection?

Also by the time some children have gone through secondary school, they’ll have had so many different categories it will make it even more nonsensical.

I would also object to the "sex assigned at birth" statement. Sex isn't assigned it is observed.

What a complete waste of money.

Sorry op have only just read the link you supplied.

Gender Identity is not a protected characteristic.

They need to justify why they are asking about this when there are any number of "vulnerable" groups who could also be asked to provide information.

The fact that they are looking for guidance from a group that is primarily about sexual orientation shows that they have been captured. ie they are rolling out Stonewall type analysis, but trying to pretend they are working with EA guidelines.

You could also add that asking the question makes you and other women "feel unsafe" in an environment (health provision) where it is crucial that users of the service absolutely need to feel safe in terms of how services are offered. Their question undermines women's safety and sex based rights.

They are even collected data in line with national statistics which means their date cant be quantified against other national data sets. Have they allowed some Stonewalled intern to draw this up.

Its hard to understand what they are doing as the links just send you round in a loop.

But these are their headings:

Chapters
Data quality of protected characteristics and other vulnerable groups
Changes to these data items in the national data set
Inequalities in mental health and why this data is a priority
How to collect this data
Gender identity
Sexual orientation
Disability
Ethnicity
Accommodation status (homelessness and rough sleeping)
Explaining why and how we collect this data to patients
Reporting on mental health equality

Given who they are, I would actually consider contacting the EHRC equalityhumanrights.com/en/equality-act

There should be an option to say none. Like the religious questioni the census. To do this they firstly need to ask your biological sex as registered at birth (male/female, prefer not to say). The (if they must) ask what is your gender identity (none, transgender, non binary, cat gender, fu*k gender, other - specify, prefer not to say). Personally I think it should be made clear which questions are about protected characteristics of the Equality Act and which are additional when requesting personal data. In that case they would need a third question about gender reassignment.

Thank you to everyone who has replied. I have contacted Sex Matters to ask them for advice.

Why do you feel the need to make a complaint?

We all had this on the staff survey that came out recently.

I made my point by selecting Other, and wrote 'Male (not including trans men)'

The way I read 'Other' is that it doesn't refer to a Gender, but to an option that isn't listed.

and left it at that for someone to draw their own conclusions.

Here's the table for people interested,

Think I would object to 'male including transmen'/'females including transwoman' IMO if they are not going to separate between sexes, the wording needs to be males and transmen or females and transwoman. I might accept (again if they are adamant not to accept sex based categories) 'women including transwomen' or 'men including transmen'

If I get any form which this sort of question (including the NHS) I use the other box to say None, I do not have a gender it is a social construct.

How can they have ‘female including trans women’ ? When a transwoman is male? So it makes no sense at all.

@Nightmare2022 - I looked at your link and oh my goodness what a load of bollocks.

I'm glad you're pushing this. NHS England are even more 'stonewalled' than NHS Digital would you believe, and they all become 1 org in a few weeks

India W has posted this thread on Twitter :(

I can imagine the majority of those who are stating that their gender differs from their biological sex are young, most likely unsure of their identity, hence the confusion. I think it’s also safe to say there a fad of being different and claiming to be something other than what your biological sex is. And something that will possibly change as they mature. And we seem to be pandering to these masses…
Perhaps nhs digital should have a category of ‘who’s your favourite YouTuber’ to appeal to these groups too. I can imagine the results will be as useful as what they are setting out to do.

As if asking for ‘gender’ will be any use in determining differences if they aren’t asking the right questions! How can that possibly help bridge the gap between sexes? Ridiculous.

Yes, just came here to say this: twitter.com/IndiaWilloughby/status/1601945381176311810

Cheers, India! Thanks for bringing more readers to this board - it's very much appreciated. 😊🙏🌞

'Other' how dehumanising.