South Eastern Trust breached equality scheme using gender neutral language

The South Eastern Health Trust breached its own equality scheme commitments regarding its decision to use gender neutral language in an information leaflet for patients undergoing radiology screening, the Equality Commission has found.

The investigation came after a woman said the leaflet’s reference to what was described as “patients with a uterus aged 11-55” was “insulting to her as a woman” and confusing for those whose first language is not English.

The commission said it found no evidence of how the trust had applied its own commitments when developing the language used in the leaflet.

The trust said it was “implementing all the recommendations made by the Equality Commission”.

The patient information leaflet was developed by the trust in October 2021.

At that time, a decision was made to update the wording of the leaflet in favour of using gender neutral language.

During the course of the investigation, the trust reported that the decision to use the specific wording was driven by “identified inequality of opportunity for, and potential health and safety risks to people who have variations in sex characteristics (VSC)/intersex individuals, trans men and non-binary individuals”.

The trust confirmed to the commission that it had not conducted an equality screening of its decision.

The commission found that the trust had not monitored the impact of its policy to use gender neutral language on all Section 75 groups.

Section 75 of the Northern Ireland Act requires that public authorities have a statutory duty to promote equality of opportunity and good relations across a range of categories, including religious belief, political opinion, race, age, gender, disability, marital status, sexual orientation and dependents.

The commission also found that the trust had not gathered the relevant information to inform its screening decisions on the matters raised in the complaint.

Geraldine McGahey, Chief Commissioner of Equality Commission for Northern Ireland, said: “All public authorities must ensure that they implement the specific processes they have committed to in their equality scheme.

“It is imperative that the trust ensures that all its policy makers are aware of the commitments in its equality scheme. It must also improve how it recognises and responds to these types of complaints.”

The trust began reviewing its practices during the investigation and an update is due within six months.

In a statement, the trust said it “cooperated fully with the Equality Commission and welcomes the conclusion of the investigation process”.

“The trust acknowledges that it did not equality screen the change of wording in the patient Radiology information letter.”