The Midlands Partnership University NHS Foundation Trust (MPFT) has declined to immediately alter its facility access policies. This decision follows new EHRC guidance regarding single-sex spaces for its 10,500 employees.
The collision of MPFT policies and the EHRC's biological sex mandate
The Midlands Partnership University NHS Foundation Trust (MPFT) is currently navigating a significant policy conflict following the implementation of the Equality and Human Rights Commission (EHRC) code of practice . This new guidance, which took effect this Wednesday, reinforces a Supreme Court ruling that defines sex in equality law as biological sex rather than gender identity. While the EHRC mandates that single-sex spaces must reflect biological sex to prevent dircet or indirect discrimination against women, the MPFT—which serves 1.7 million people—has stated there will be no immediate changes to its current facility access policies.
According to the report, the Trust's decision to maintain its "Trans Inclusion and Single Sex Accommodation" policies creates a direct tension with the EHRC's directive.. the Trust intends to allow transgender patients onto single-sex wards based on their gender identity, a move that stands in contrast to the EHRC's instruction that transgender individuals should use facilities intended for their biological sex or utilize separate, mixed-sex alternatives.
Omissions in the Trust's email to 10,500 staff members
In a recent communication to its 10,500 employees, MPFT leadership attempted to reassure transgender, non-binarry, and gender-diverse colleagues that the organization remains committed to inclusion. However, as reported by the Telegraph, this email has caused significant distress among female staff members. These employees expressed feeling intimidated, noting that the message—signed by the Trust's top leadership—failed to mention women or those who advocate for the importance of biological sex.
The email from MPFT leadership described the current period as "anxiety-provoking" for gender-diverse service users and communities. Yet, the lack of explicit acknowledgment regarding the rights and privacy of female staff has become a central point of contention within the organization.
Terry Stock's allegations of ideological capture at MPFT
The controversy at MPFT echoes a wider trend of institutional resistance to new legal standards. For instance, at least three local councils are reportedly moving forward with £50 million in leisure center projects that utilize mixed-sex changing rooms, despite the Supreme Court's ruling. Within the Trust itself, public governor Terry Stock has accused the leadership of being "ideologically captured," arguing that the refusal to update policies shows a complete disregard for the privacy, dignity, and safety of women.
While the MPFT agreed in April 2025 to examine the lawfulness of its policies, a Freedom of Information response in June confirmed that no changes had been made. This delay has fueled criticism from those who believe the Trust is prioritizing social ideology over established equality law.
The looming enforcement threat from the EHRC and NHS England
Several critical questions remain regarding the legal standing of the Midlands Partnership University NHS Foundation Trust as it awaits further instruction. a Trust spokesman said the organization accepts the Supreme Court judgment but intends to implement the EHRC Code of Practice through a "structured implementation programme" rather than an immediate overhaul.
The ultimate resolution of this dispute likely rests with NHS England, which has stated that updated policies will be published shortly. Meanwhile, the EHRC has warned that health bodies and employers should be following the law and could face enforcement action if they fail to update their policies where it is proportionate and necessary.
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