We expect National Health Service organisations to follow the law and implement the Supreme Court’s ruling in For Women Scotland Ltd v. The Scottish Ministers, and to take specialist legal advice where necessary.

On 21 May 2026, my rt. Hon. Friend, the Minister for Women and Equalities, laid the Equality and Human Rights Commission's (EHRC) Code of Practice for services, public functions and associations in Parliament. Parliament now has 40 sitting days to consider the Code.

NHS England is currently reviewing its Delivering same-sex accommodation guidance and will ensure it reflects the Supreme Court ruling and is aligned with the EHRC’s Code. We are clear that this revised guidance will respect the privacy, dignity and safety of all patients.

Regarding NHS staff, while this Code does not directly apply to employers, its explanation of the Equality Act 2010, particularly around unlawful discrimination and harassment, will be relevant to, and helpful for, employers in considering how they best comply with their obligations under that legislation. The Department will decide on issuing any further guidance that might be relevant for staff.

The National Health Service’s operational pressures escalation levels (OPEL) framework provides a standardised approach to support an effective, integrated, and coordinated response to acute trust operational pressures. This includes the actions locally, regionally, and nationally that support the depressurising of services and ensure patient safety. Further information about the OPEL framework is published by NHS England at the following link:

https://www.england.nhs.uk/long-read/integrated-opel-framework-2024-to-2026/

NHS England’s national operations team actively monitors escalations and maintains oversight of organisations at OPEL Escalation Level 4. Where specific support is required, NHS England can enact collaboration with national subject matter experts, regional teams, and external agencies to adapt national policy or provide targeted intervention.