HSE group on mixed accommodation in hospitals to convene next month

A HSE group examining mixed-sex accommodation in hospitals will hold its first meeting
in September.

The HSE has drafted the terms of reference for the group, which will develop national guidance. It will examine best practice in other jurisdictions and local policies that have been developed.

A spokesperson for the HSE said it does not hold national data on the extent of mixed-sex accommodation in hospital settings. In the first quarter of 2025, there were no complaints relating to mixed-sex accommodation in hospitals through the ‘Your Service, Your Say’ complaints process.

In the UK, all providers of NHS-funded care are expected to eliminate mixed-sex accommodation, with some exceptions. NHS organisations are also required to submit data on breaches of the same-sex accommodation guidance.

According to the NHS: “There are some clinical circumstances where mixed-sex accommodation can be justified. These are few, and mainly confined to patients who need highly specialised care, such as that delivered in critical care units.”

In every instance, the patient, their relatives and their carers “should be informed of the reasons mixing has occurred, what is being done to address it and some indication as to when it may be resolved”, states the NHS.

It says non-permanent structural changes to the estate can support the delivery of same-sex accommodation where the partition is solid, opaque and floor-to-ceiling, and protects the privacy and dignity of the individual patient.

The NHS guidance is currently being reviewed following the UK Supreme Court ruling in the case of For Women Scotland Ltd (Appellant) v The Scottish Ministers (Respondent). In this case, the Court unanimously ruled that the term ‘woman’ in equality legislation refers to someone born biologically female.