Male-born sex offenders who identify as women can be treated on female-only NHS wards after a risk assessment, some hospital trusts have told staff.
Devon, Oxford and Nottinghamshire hospitals have said that a criminal history should be part of an assessment when placing trans patients but that it should not prevent admission in all cases.
Some NHS trusts have issued guidance stating that people should be admitted to wards based on the gender they identify with and can choose which shower and lavatory facilities to use, according to The Daily Telegraph.
Oxford Health NHS Foundation Trust notes that the “risk of sexual offending in a trans context is very rare”, adding that where there is “significant risk” staff would “apply the same robust mitigation that we would to a non-trans patient to ensure a safe therapeutic environment”.
Dr Jane Hamlin, president of the Beaumont Society, a trans support group, said: “If anyone starts off with an assumption that a trans person is a sex offender — or even a potential sex offender — that is discrimination and transphobia. All patients, including trans people, should feel safe when in hospital.”
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However, the policies have been put in place despite the Department of Health saying that hospitals should provide single-sex wards.
One nurse told the Telegraph that risk assessments of patients, including those with a known history of sexual offences, were not conducted because workloads were too high. “NHS wards are replicating what is happening in jails,” the nurse said.
Devon Partnership NHS Trust says that patients “will be admitted based on the gender which they identify as at the point of admission” and for legal reasons will not be based on physical characteristics or the person proving they have legally changed their gender or name.
Risk assessments must be carried out but it indicates that this does not necessarily prevent male-born sex offenders being placed on female-only wards.
The Oxford trust states that “if the service user has a sex-offending history, risk should be managed in the same way as it would be with any other client, irrespective of gender”.
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It said its guidance “follows the legal parameters” and “sets out that every case is individually assessed, taking into account risk factors to the patient as well as other ward users”.
Nottinghamshire Healthcare NHS Foundation Trust guidance says that when deciding on the treatment setting “previous history of sexual offending and/or domestic violence or abuse should be taken into account”.
A spokesman for the Nottinghamshire trust added: “All our staff follow guidance to ensure the safety and dignity of our patients in line with government legislation, including carrying out a risk assessment to ensure they are given appropriate care.”
A spokesman for the Devon trust said that it was “a sensitive issue” and that it was reviewing the policy to ensure “the safety of our patients and staff”.
The Times reported last year that hospital guidance issued by NHS Greater Glasgow & Clyde that urged nurses to chastise women who object to sharing a ward with trans women had been put under review.
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The health board advised staff to treat women who were uncomfortable about sleeping next to patients who appeared male as they would a racist who was worried about a black patient.
