NEWS: Updated constitution for patient care

As reported by The Department of Health and Social Care, the NHS Constitution revamp focuses on ensuring patient safety, dignity, and privacy, including rights to same-sex care and single-sex wards

In the proposed changes to the NHS Constitution for England, patients will be empowered to request that intimate care is carried out by someone of the same biological sex, where reasonably possible.

An updated NHS Constitution would reinforce the NHS’s commitment to providing single-sex wards. This includes setting out that placing transgender patients in single-room accommodation is permissible under the Equality Act 2010 when it is appropriate, such as respecting a patient’s wish to be in a single-sex ward.

The government has been clear that biological sex matters. The constitution proposal makes clear what patients can expect from NHS services in meeting their needs, including the different biological needs of the sexes. Illnesses and conditions that we know impact men and women differently should be communicated in a clear and accurate way.

The consultation also plans to embed the right for patients’ and their loved ones’ access to a rapid review from outside the care team if the patient is deteriorating. The importance of this pledge has been made clear by the tragic story of Martha Mills.

It will run for 8 weeks. The government will consider responses from everyone including patients, the public, staff and NHS organisations, before publishing a response and a new NHS Constitution.

Health and Social Care Secretary, Victoria Atkins, said:

We want to make it abundantly clear that if a patient wants same-sex care they should have access to it wherever reasonably possible.

We have always been clear that sex matters and our services should respect that.

By putting this in the NHS Constitution we’re highlighting the importance of balancing the rights and needs of all patients to make a healthcare system that is faster, simpler and fairer for all.

Additional updates the government is proposing include:

• embedding the commitment for patients and their family members in acute and specialist settings to initiate a rapid review of care from outside their initial care team, where the patient’s condition is deteriorating. Not only does this provide a boost to patient safety, but it also puts patients at the heart of their own care
• ensuring the health system works together to understand the needs of different groups within each community and reduce disparities in access, experience and outcomes for all
• strengthening responsibilities on patients to cancel or reschedule appointments and on the NHS to communicate appointment information clearly
• making clear that patients can expect their physical and mental health care to be person-centred, co-ordinated and tailored to their needs
• reinforcing the NHS’s commitment to unpaid carers

Minister for Women’s Health Strategy, Maria Caulfield, said:

Updating the NHS Constitution is crucial to ensuring the principles underpinning our NHS work for everyone.

This is about putting patients first, giving them the dignity and respect that they deserve when they are at their most vulnerable. Our plans include accommodating requests for same-sex intimate care and respecting single-sex wards.

We’ll also recognise the important role of patients’ loved ones in raising concerns about their care.

The constitution aims to safeguard the principles and values of the NHS. It empowers staff to help improve the care it provides by setting out legal rights for patients and staff when using NHS services. It also sets out clear expectations about the behaviour of both staff and patients and the role they need to play in supporting the NHS.