Introduction

Chelmer Medical Partnership is committed to promoting equality, diversity, and good relations in everything it does – as a provider, and as an employer.

For Trans, non-binary and/or gender non-conforming people, there are concerns around historical discrimination, structural inequalities, health inequalities, data protection and interpersonal communication that need to be thoughtfully and respectfully considered. The purpose of this policy is to support Chelmer Medical Partnership to ensure that any person who identifies as trans, gender fluid or non-binary are always treated as the gender in which they currently present. This policy supports Chelmer Medical Partnership in its delivery of inclusive services and ensures it does not breach the Equality Act 2010. Under this legislation, it states that a Trans person no longer must be under medical supervision or have a gender recognition certificate to prove that they are Trans. They must be treated as the gender that they currently present with.

Trans is an umbrella term to describe people whose gender is not the same as, or does not sit comfortably with, the sex they were assigned at birth. Trans people may describe themselves using one or more of a wide variety of terms, including (but not limited to) transgender, cross dresser, non-binary, gender queer. It is important to remember, Trans identities are diverse. Trans young people may identify in lots of different ways. Not everyone identifies as ‘male’ or ‘female’. Sometimes, people assume that being Trans is about feeling you are the ‘opposite’ gender. This is true for some Trans people, but not for others.

This assumption makes things difficult for those who identify outside of ‘male’ or ‘female’, for example non-binary young people. A non-binary young person may need some different things to feel comfortable to, for example, a Trans young person who identifies as ‘male’. Not every Trans young person will want to transition but may still like, or benefit from, ongoing support of some kind. Language is important. Clinical staff sometimes worry about using the correct language when talking about gender identity and are often concerned about ‘getting it wrong’.

Purpose

This policy provides guidance for Chelmer Medical Partnership’s employees, management and Trans people on the expectations and other considerations that may be necessary to improve the experiences and opportunities of Trans people. Trans people are protected by the following legislative acts and where possible Chelmer Medical Partnership is committed to afford full protection of Trans patients on the grounds of gender identity and gender expression.

Equality Act 2010

The Equality Act 2010 (England, Scotland, and Wales) protects against discrimination because of gender reassignment in employment and service delivery. It bans direct and indirect discrimination and victimisation. The Act makes clear that it is not necessary for people to have any medical diagnosis or treatment to gain this protection; it is a personal process of moving away from the gender assigned at birth to the gender they would prefer. People discriminated against because they are wrongly perceived to be Trans, or who are discriminated against because of their association with Trans people or issues are also protected.

Gender Recognition Act 2004

The UK Gender Recognition Act (GRA) enables people aged over eighteen to gain full legal recognition for the gender in which they live. Applications are considered by the Gender Recognition Panel. Once a person receives a Gender Recognition Certificate (GRC), they are legally of that gender for every purpose and have all the rights and responsibilities associated with that gender. Not all Trans people will obtain or seek to obtain a GRC. The Gender Recognition Act gives anyone applying for or holding a Gender Recognition Certificate particular privacy rights. It is a criminal offence to pass on information acquired ‘in the course of official duties’ about someone’s gender recognition, without the consent of the individual affected. ‘Official duties’ include employment, trade union representation, or supply of business or professional services. It is also an offence to pass on information relating to an individual’s Trans history or identity as a Trans person without their consent, regardless of whether the individual has a GRC or not.

Scope

This policy applies to all staff working at Chelmer Medical Partnership, in any capacity. A failure to follow the requirements of the policy may result in investigation and management action being taken as considered appropriate. If reported as a hate crime it could be investigated as a criminal offence. A Trans person should be treated in a dignified, non- discriminatory way. ‘Trans’ or ‘transgender’ describes people whose gender identity differs from their sex (gender) assigned at birth.

They are umbrella terms covering people who:

• identify as having a gender different from that which they were assigned at birth and are planning or have had medical interventions such as hormones or surgery.
• identify as having a gender different from that which they were assigned at birth, but who are not planning any medical intervention; and/or,
• are intending to transition, are currently transitioning, or have transitioned at any stage.
• are non-binary – that is, they are not solely (identify as) male or female. They may define themselves as both, neither or something entirely different. They may or not have medical interventions to align their body with their non-binary gender identity. These are not mutually exclusive alternatives. The steps a trans person may take to live in the gender with which they identify.

Each person’s transition will involve different things. For some this involves medical intervention, such as hormone therapy and surgeries, but not all trans people want or are able to have this. Transitioning also might involve things such as telling friends and family, dressing differently, and changing official documents. Chelmer Medical Partnership acknowledges that transitioning is an individual process and is committed to supporting each person in their decisions.

Responsibilities, Accountabilities, and Duties

The Partnership and management have a responsibility to develop a culture and climate which is free from any form of discrimination. To ensure that this policy is acted upon through delegation to appropriate care groups and committees.

Every employee has a personal responsibility for their own behaviour and must treat colleagues, patients and visitors with respect and fairness regardless of their gender, gender identity, gender expression, sex, race, nationality, age, disability, religion, or beliefs.

All staff members regardless of grade or profession must:

• Adhere to and abide by this policy.
• Ensure its implementation and uphold the procedures referred to within.
• Ensure that new staff are appropriately briefed at induction on compliance with this policy.
• Challenge/report discriminatory practice or language.

The management are responsible for the operational implementation of this policy across the group. They will identify any additional training and support needs required to enable their teams to provide person-centred, compassionate, safe, and effective care to Trans people.

Promotion of Trans Equality

As well as ensuring that trans patients are fully supported, Chelmer Medical Partnership will demonstrate our commitment to trans equality in the following ways:

• Ensuring that all training courses that are delivered are fully inclusive of trans people – this includes both face-to-face training and e-learning.
• Marking important dates for the trans community, such as Trans Day of Visibility (31st March) and Transgender Day of Remembrance (20th November)
• Including trans people in publicity and marketing materials.
• Ensuring that all forms and surveys are inclusive of trans people, including non-binary people for both staff and service users.
• Including trans equality as a core part of the organisation’s equality agenda and objectives.
• Investigating fully all complaints of harassment, victimisation, or discrimination on the grounds of gender identity, gender history, trans status or gender expression.
• Monitoring the implementation of this policy.

Procedure

Chelmer Medical Partnership will ensure that Trans, gender fluid or non-binary persons are always treated as the gender they present. The person does not have to be under medical supervision or hold a gender recognition certificate. In instances where a Trans, gender fluid or non-binary, person is attending the practice, protecting their dignity, safety and privacy must be paramount. Trans, gender fluid or non-binary
persons (that is individuals who wish to start treatment or have commenced or completed reassignment of gender) have legal protection against discrimination. In addition, good practice requires that clinical responses be patient centred, respectful, and flexible towards all individuals who live continuously or temporarily in the gender role.

Training

Chelmer Medical Partnership is committed to high quality targeted training and effective communication to support this policy. The objective is to implement this policy document and meet the training needs of staff over time. All staff need to be aware of the key points that the policy covers. Staff can be made aware through a variety of means such as Continuous Professional Development sessions, One to one meetings, Team meetings and Practice Development Days.