Canterbury MP Raises Concerns Over East Kent NHS Trust’s Handling of Single-Sex Spaces

She didn’t name the specific trust. East Kent Hospitals University NHS Foundation Trust runs Kent and Canterbury Hospital, the Queen Elizabeth The Queen Mother Hospital in Margate, William Harvey Hospital in Ashford, and Buckland Hospital in Dover, making it the principal NHS trust across the area — but whether it’s the one Duffield had in mind hasn’t been confirmed.

No formal investigation or enforcement action directly linked to her tweet has been verified by official bodies.

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What the Law Actually Requires

The legal picture here isn’t simple. But it’s got a good deal clearer over the past year.

In April 2025, the Supreme Court ruled in the For Women Scotland case that “sex” in the Equality Act 2010 refers to biological sex. That judgment confirmed the Act doesn’t give transgender people a general right to use opposite-sex facilities. Ministers have since stated in Parliament that single-sex spaces are protected in law and that public bodies — NHS trusts included — are expected to comply.

Separately, the Workplace (Health, Safety and Welfare) Regulations 1992 require employers to provide distinct sanitary and washing facilities for men and women. An employment tribunal has already ruled that one NHS trust acted unlawfully by permitting biological males who identify as women to use a female changing room. Fairly unambiguous, that.

The Equality Act 2010 also allows providers of single-sex services to exclude individuals of the opposite biological sex — including those with the protected characteristic of gender reassignment — where it’s a proportionate means of achieving a legitimate aim such as privacy, dignity or safety.

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What East Kent Hospitals Trust’s Own Policy Says

EKHUFT has a published same-sex accommodation declaration. Working towards eliminating mixed-sex accommodation, it says, except where it’s in the overall best interest of the patient or reflects their personal choice.

But the declaration also states that people “do not need a gender recognition certificate to access single sex spaces” and that transgender patients “will be treated with the utmost understanding and discretion when agreeing which clinical area they may prefer.” Critics argue that framing placement decisions around a patient’s preferred gender identity — rather than biological sex — may not sit comfortably with the legal position the Supreme Court has now clarified.

NHS England’s own Delivering Same-Sex Accommodation guidance demands a “zero-tolerance approach” to mixed-sex accommodation, except where clinically justified.

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The Wider Picture Across Kent

Not every local trust has gone the same way. Kent and Medway mental health services moved to single-sex inpatient wards from March 2023, stating that no mixing is justified in mental health settings. Transgender patients there are assessed individually and admitted to wards of their chosen gender with en-suite facilities and multidisciplinary input — a model that tries to balance competing pressures, though campaigners have scrutinised that too.

Kent Community Health NHS Foundation Trust has separately acknowledged that single-sex services may be appropriate in some circumstances. The question of how to handle single-sex provision, in other words, is live across multiple local organisations.

And it’s not just a Kent problem. Campaign groups and legal commentators have argued that NHS trusts across England haven’t updated their policies to reflect the Supreme Court ruling, and that some existing guidance risks breaching both equality and health and safety law.

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Voices on Both Sides

Female patients and staff who object to sharing wards, changing rooms or bathrooms with biological males — including those who identify as women — say their rights to privacy, dignity and safety are what’s at stake. Some say they feel reluctant to raise concerns or even seek care as a result.

Transgender patients and staff, on the other hand, have said that stricter enforcement of single-sex spaces based on biological sex could affect their access to facilities aligned with their gender identity. Their dignity and sense of inclusion, they argue, matters too.

Duffield described the situation as “disturbing to know” — framing the trust’s alleged conduct as a matter of legal non-compliance rather than a difference of opinion over policy.

EKHUFT hadn’t publicly responded to her post at the time of publication. Kent Local News has approached the trust for comment.

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Key Takeaways

• Canterbury MP Rosie Duffield has publicly alleged that an NHS trust operating across East Kent is failing to comply with the law on single-sex spaces, though she did not name the trust
• The Supreme Court’s April 2025 For Women Scotland ruling confirmed that “sex” in the Equality Act means biological sex, giving public bodies clearer legal grounds to maintain single-sex spaces — and an employment tribunal has already found one NHS trust acted unlawfully under existing workplace regulations
• East Kent Hospitals University NHS Foundation Trust’s published policy states transgender patients will be placed in clinical areas according to their preferences, a position campaigners argue may not reflect the current legal framework

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What This Means for Kent Residents

If you’re receiving care at an EKHUFT hospital — Kent and Canterbury, William Harvey in Ashford, or QEQM in Margate — you have the right under NHS policy to expect single-sex sleeping areas, toilets and washing facilities, except in clinically justified circumstances. If you think those standards aren’t being met, you can raise a formal concern through the trust’s Patient Advice and Liaison Service (PALS), or contact NHS England directly. Staff working across East Kent NHS sites who have concerns about opposite-sex access to changing rooms or toilets may have legal recourse under both the Equality Act 2010 and the Workplace (Health, Safety and Welfare) Regulations 1992 — and the recent employment tribunal ruling suggests those concerns can be pursued successfully. Residents wanting to understand their rights or make a complaint can also contact their local MP’s office; Rosie Duffield’s covers Canterbury and the surrounding area.