Updated EHRC code on single-sex services and facilities: Is your organisation ready?

While the new Code does not create new legal obligations, it will be an important consideration for courts and tribunals when assessing compliance with the Equality Act 2010.

For NHS organisations, the practical implications are likely to be significant. The Code raises important questions about how healthcare bodies provide and manage single-sex services and facilities, whilst balancing the rights, dignity, privacy and safety of all service users. Although the Code does not apply to directly to employers, it is likely to influence how NHS organisations (as service providers) approach issues relating to wards, changing facilities, toilets, accommodation, clinical pathways and patient-facing services.

Importantly, the new guidance does not require immediate wholesale changes. Instead, organisations should adopt a measured, evidence-based approach, reviewing existing arrangements, assessing risk areas and ensuring decisions are proportionate, justified and properly documented. The guidance also highlights the potential value of providing a mix of single-sex and all-user facilities where this is practical and appropriate.

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This is a complex area where organisations must navigate competing rights, operational realities and evolving legal expectations. NHS organisations will need to consider a range of legal, regulatory and practical issues, including:

• Reviewing policies and procedures relating to single-sex facilities and services.
• Assessing estates, service delivery models and facilities to identify priorities and potential risks.
• Managing complaints and concerns from patients, service users, visitors, members and staff sensitively and lawfully.
• Ensuring compliance with equality law and wider regulatory obligations.
• Developing clear communications for staff, patients, service users and other stakeholders.
• Maintaining an audit trail of decision making and proportionality assessments.

Whether you are reviewing facilities, updating policies, considering communications, assessing the impact on service delivery or responding to specific concerns or complaints, our Employment and Healthcare teams can provide practical, proportionate advice tailored to your organisation.

To discuss how the updated EHRC Code may affect your organisation, please get in touch with a member of the team below.