Health Secretary James Murray has snubbed NHS nurses at the centre of a landmark battle over single-sex spaces, refusing to honour a meeting commitment made by his predecessor Wes Streeting.
Mr Murray, 42, who is the patron of LGBT+ Labour and previously stated "I believe trans women are women," has declined to commit to the meeting scheduled for June 16, which was intended to discuss ongoing concerns about safety, dignity, and the protection of women from biological men in the NHS.
When Mr Streeting quit to run for the Labour leadership, he was due to meet the nurses. Upon taking office, Mr Murray said he was reviewing upcoming engagements, but the Department of Health and Social Care (DHSC) failed to respond when asked whether the meeting would be honoured, suggesting the medics have been stood up at the eleventh hour.
Nurse's Response
Nurse Bethany Hutchison, who spearheaded a landmark legal victory over County Durham and Darlington NHS Foundation Trust for allowing a biological man to use female changing rooms, expressed disappointment. "We were encouraged when Mr Streeting recognised the seriousness of our case and indicated a willingness to meet. That commitment now appears to have been set aside," she said.
"This issue is not theoretical, it affects frontline staff every day. We are simply asking for clarity, for the law to be applied properly, and for our dignity and safety to be respected. We urge the current Health Secretary to honour his predecessor's commitment, meet with us, and ensure that what happened in Darlington is never repeated elsewhere in the NHS."
Background of the Case
In a letter dated April 22, Mr Streeting acknowledged the seriousness of the case, stating it was "incredibly disappointing…how the trust failed to respect your dignity and did not properly address the concerns you and other colleagues had raised."
The June 16 meeting was part of efforts to discuss frontline concerns about safety and the implementation of the Supreme Court ruling on biological sex. In April last year, the Supreme Court ruled that the definition of woman and sex in the 2010 Equality Act refers to a biological woman and biological sex.
The Equality and Human Rights Commission (EHRC) passed its updated code of practice to the Government on September 4, but it was only published last month. The code states how the Equality Act should be implemented in relation to single-sex spaces, setting out when organisations can lawfully exclude transgender people from women-only and men-only spaces, including toilets, changing rooms, and hospital wards.
Confusion Over Guidance
Women and Equalities Minister Bridget Phillipson said the ruling made it clear sex means biological sex but trans people are still protected. The draft code states hospitals can now exclude trans patients from single-sex wards, a departure from current NHS guidance.
Yet ongoing confusion surrounding the guidance, its interpretation, when it will be implemented, and how it will be enforced, has led to fears little will change and women patients and staff will continue to be placed at risk.
Mrs Hutchison set up the Darlington Nursing Union after failing to get the backing of the Royal College of Nursing for a fight in which seven colleagues were forced to take County Durham and Darlington NHS Foundation Trust to a tribunal for the right to get undressed without a man present.
The court found they were victims of harassment and sex discrimination and ruled their employer's policy of allowing men into women's spaces was unlawful and violated the rights of female staff. The trust spent more than £603,000 defending the policy. Four of the seven nurses still face a Nursing and Midwifery Council misconduct probe.
Health Secretary's Shift in Position
Mr Murray has made a series of statements on trans women in recent years, indicating an apparent shift. In 2022 he stated "I believe that trans women are women" and described women as including "adult female and trans women." However, following the Supreme Court's ruling, he has revised his position.
This month he confirmed he would no longer use the phrase "trans women are women," stating: "I have changed what I would say. I wouldn't say that phrase any more." He added the law is now "very clear" that single-sex spaces should be protected on the basis of biological sex, including within the NHS.
Andrea Williams, chief executive of the Christian Legal Centre, criticised the snub: "At a time when clarity and confidence are needed, the continued failure to ensure compliance with the law on sex and single-sex spaces across the NHS is deeply concerning. This is a snub to the nurses who have fought for years to secure dignity, privacy and safety at work."
"The Health Secretary should meet them without delay, listen carefully to their concerns, and provide assurances that their right to single-sex spaces will be respected. Following the Supreme Court's ruling and the clear guidance arising from it, NHS trusts should not be left to interpret the law differently from one another."
"The Health Secretary must now ensure that the law is implemented consistently across every NHS trust, in line with the Supreme Court judgment. Staff and patients should be able to expect the same protections wherever they are in the country. This is not simply a matter of policy preference; it is a matter of legal compliance, safeguarding, and maintaining public confidence in the NHS."
The Express asked DHSC four times whether the meeting would be honoured but received no response.
