NHS "indeterminate" sex registration policy

The request was refused by Department of Health and Social Care.

Mx Castellucci

Dear Department of Health and Social Care,

Please provide the following information to me:

1) Any and all in-force policy information pertaining to registering new NHS patients with "indeterminate" sex.

2) Any and all in-force policy information pertaining to processing gender reassignment to "indeterminate" for NHS records of transgender persons.

3) Any and all in-force policy information pertaining to processing gender reassignment to "indeterminate" for NHS records of intersex persons.

4) Any and all documents referenced in information provided as response to items 1, 2, and 3 above.

5) Any and all emails pertaining to policies relevant to the use of "indeterminate" sex on NHS records sent or received since 1 January 2020, as well as any and all documents referenced in said emails.

6) Any and all emails pertaining to policies relevant to the use of "indeterminate" sex on NHS records sent or received between 1 January 2017 and 31 December 2019, as well as any and all documents referenced in said emails.

7) Any and all emails pertaining to policies relevant to the use of "indeterminate" sex on NHS records sent or received between 1 January 2014 and 31 December 2016, as well as any and all documents referenced in said emails.

8) Any and all emails pertaining to policies relevant to the use of "indeterminate" sex on NHS records sent or received between 1 January 2011 and 31 December 2013, as well as any and all documents referenced in said emails.

9) Any and all emails pertaining to policies relevant to the use of "indeterminate" sex on NHS records sent or received between 1 January 2008 and 31 December 2010, as well as any and all documents referenced in said emails.

10) Any and all emails pertaining to policies relevant to the use of "indeterminate" sex on NHS records sent or received between 1 January 2005 and 31 December 2007, as well as any and all documents referenced in said emails.

11) Any and all emails pertaining to policies relevant to the use of "indeterminate" sex on NHS records sent or received between 1 January 2004 and 31 December 2004, as well as any and all documents referenced in said emails.

If you are unable to provide any of the information requested, please provide as much as possible of the rest of the information requested. Regarding emails, if the overall time range is too long, please prioritize more recent time frames over older ones.

Yours faithfully,
Mx Castellucci

PS: Please note that "Mx" is my title as listed on my UK driving license. As such, this request is compliant with the ICO's "Recognising a request made under the Freedom of Information Act (Section 8)" guidance, which states under "The definition of a 'real name'":

> 25. Any variation of the requester’s title or first name combined with their surname (e.g. Mr Smith or John Smith) will be sufficient to meet this requirement.

Mx Castellucci

Dear Department of Health and Social Care,

To clarify, please consider smaller numbered items in my request higher priority, and to the extent possible, please provide all data in electronic format.

Yours faithfully,
Mx Castellucci

Department of Health and Social Care

This is an acknowledgement - please do not reply to this email.

Thank you for contacting the Department of Health and Social Care. 

If your enquiry is in relation to the pandemic, the Government has
launched a COVID-19 ‘hub’, which can be found
at [1]www.gov.uk/coronavirus and is regularly updated. 

The answers to many other questions can be found on [2]GOV.UK,
the [3]Department of Health and Social Care website or by visiting
the [4]NHS website. We may not respond to you if the answer to your
enquiry can be found on either of these websites. Where a reply is
appropriate, we aim to send a response within 20 working days.
 
Please note that the department cannot arrange vaccinations. [5]This
webpage gives information on vaccination. You can also contact your GP,
clinical commissioning group or call 119.

 

If you have symptoms of COVID-19 you must get tested as soon as possible.
The swab test takes less than a minute and is pain-free. Results from test
sites are generally received within 24 hours of the test being
administered. Further information, including what symptoms to look out
for, can be found [6]here.
 
If your business is interested in helping the Government increase
COVID-19 testing capacity, please visit [7]this webpage. Please note that
the service that was set up for businesses to offer other COVID-19 support
has closed. If you have a product to sell to the NHS, please visit
[8]https://www.supplychain.nhs.uk/.   
  
Since 15 February 2021, anyone travelling to the UK from a red-list
country has been required to quarantine in a managed quarantine facility
for a period of ten days. There will be periods where no countries are
listed, but the red list remains ready to be stood up should the global
epidemiological situation change. In these circumstances, there is
guidance available on a range of queries.

To find out how to apply for a medical or compassionate exemption, please
visit
[9]www.gov.uk/guidance/exemptions-from-managed-quarantine-for-compassionate-reasons.

If you have been in quarantine and have a complaint about the hotel,
please raise your concerns with the hotel itself in the first instance. If
your complaint is unresolved, please email the complaints team at
[10][email address].
 
If you are writing in connection with an NHS or social care service please
note that the department does not manage health and social services
directly, nor does it process complaints. It also cannot give clinical
advice or intervene in matters concerning patient care or social services.
If you wish to make a complaint about a healthcare professional, an NHS
organisation or a social care provider, please visit [11]this link.

 
If you would like to raise your concerns about a COVID-19 testing
provider, or have any other NHS Test and Trace enquiries, you can
contact [12]NHS Test and Trace enquiries, feedback and complaints. 

Our [13]Personal information charter and [14]privacy notice explain how we
treat your personal information.

 

This e-mail and any attachments is intended only for the attention of the
addressee(s). Its unauthorised use, disclosure, storage or copying is not
permitted. If you are not the intended recipient, please destroy all
copies and inform the sender by return e-mail. Any views expressed in this
message are not necessarily those of the Department of Health and Social
Care. Please note: Incoming and outgoing email messages are routinely
monitored for compliance with our policy on the use of electronic
communications.

References

Visible links
1. https://www.gov.uk/coronavirus
2. https://www.gov.uk/
3. https://www.gov.uk/government/organisati...
4. https://www.nhs.uk/
5. https://digital.nhs.uk/coronavirus/vacci...
6. https://www.gov.uk/getting-tested-for-co...
7. https://www.gov.uk/guidance/help-the-gov...
8. https://www.supplychain.nhs.uk/
9. http://www.gov.uk/guidance/exemptions-fr...
10. mailto:[email address]
11. https://www.nhs.uk/using-the-nhs/about-t...
12. https://enquiries.test-and-trace.nhs.uk/...
13. https://www.gov.uk/government/organisati...
14. https://www.gov.uk/government/publicatio...

Department of Health and Social Care

1 Attachment

Dear Mx Castelluci,

Please find attached the Department of Health and Social Care's response
to your recent FOI request (our ref: FOI-1451732).

Yours sincerely, 

Freedom of Information Team
Department of Health and Social Care

show quoted sections

Dear Department of Health and Social Care,

Please proceed with attempting to provide a response to items 1-3 only from my request.

Yours faithfully,
Mx Castellucci

Department of Health and Social Care

This is an acknowledgement - please do not reply to this email.

Thank you for contacting the Department of Health and Social Care. 

If your enquiry is in relation to the pandemic, the Government has
launched a COVID-19 ‘hub’, which can be found
at [1]www.gov.uk/coronavirus and is regularly updated. 

The answers to many other questions can be found on [2]GOV.UK,
the [3]Department of Health and Social Care website or by visiting
the [4]NHS website. We may not respond to you if the answer to your
enquiry can be found on either of these websites. Where a reply is
appropriate, we aim to send a response within 20 working days.
 
Please note that the department cannot arrange vaccinations. [5]This
webpage gives information on vaccination. You can also contact your GP,
clinical commissioning group or call 119.

 

If you have symptoms of COVID-19 you must get tested as soon as possible.
The swab test takes less than a minute and is pain-free. Results from test
sites are generally received within 24 hours of the test being
administered. Further information, including what symptoms to look out
for, can be found [6]here.
 
If your business is interested in helping the Government increase
COVID-19 testing capacity, please visit [7]this webpage. Please note that
the service that was set up for businesses to offer other COVID-19 support
has closed. If you have a product to sell to the NHS, please visit
[8]https://www.supplychain.nhs.uk/.   
  
Since 15 February 2021, anyone travelling to the UK from a red-list
country has been required to quarantine in a managed quarantine facility
for a period of ten days. There will be periods where no countries are
listed, but the red list remains ready to be stood up should the global
epidemiological situation change. In these circumstances, there is
guidance available on a range of queries.

To find out how to apply for a medical or compassionate exemption, please
visit
[9]www.gov.uk/guidance/exemptions-from-managed-quarantine-for-compassionate-reasons.

If you have been in quarantine and have a complaint about the hotel,
please raise your concerns with the hotel itself in the first instance. If
your complaint is unresolved, please email the complaints team at
[10][email address].
 
If you are writing in connection with an NHS or social care service please
note that the department does not manage health and social services
directly, nor does it process complaints. It also cannot give clinical
advice or intervene in matters concerning patient care or social services.
If you wish to make a complaint about a healthcare professional, an NHS
organisation or a social care provider, please visit [11]this link.

 
If you would like to raise your concerns about a COVID-19 testing
provider, or have any other NHS Test and Trace enquiries, you can
contact [12]NHS Test and Trace enquiries, feedback and complaints. 

Our [13]Personal information charter and [14]privacy notice explain how we
treat your personal information.

 

This e-mail and any attachments is intended only for the attention of the
addressee(s). Its unauthorised use, disclosure, storage or copying is not
permitted. If you are not the intended recipient, please destroy all
copies and inform the sender by return e-mail. Any views expressed in this
message are not necessarily those of the Department of Health and Social
Care. Please note: Incoming and outgoing email messages are routinely
monitored for compliance with our policy on the use of electronic
communications.

References

Visible links
1. https://www.gov.uk/coronavirus
2. https://www.gov.uk/
3. https://www.gov.uk/government/organisati...
4. https://www.nhs.uk/
5. https://digital.nhs.uk/coronavirus/vacci...
6. https://www.gov.uk/getting-tested-for-co...
7. https://www.gov.uk/guidance/help-the-gov...
8. https://www.supplychain.nhs.uk/
9. http://www.gov.uk/guidance/exemptions-fr...
10. mailto:[email address]
11. https://www.nhs.uk/using-the-nhs/about-t...
12. https://enquiries.test-and-trace.nhs.uk/...
13. https://www.gov.uk/government/organisati...
14. https://www.gov.uk/government/publicatio...

Department of Health and Social Care

1 Attachment

Dear Mx Castellucci,

Please find attached the Department of Health and Social Care's response
to your recent FOI request (our ref: FOI-1457699).

Yours sincerely, 

Freedom of Information Team
Department of Health and Social Care

show quoted sections

Dear Department of Health and Social Care,

I am writing to request an internal review of Department of Health and Social Care's handling of my FOI request 'NHS "indeterminate" sex registration policy'.

I do not consider this response to fulfill my request. Please provide in full the "guidance" referenced in the first part of your response. I am aware of the text on PCSE's website that states as such, if you refer me to that please also provide the policy document that guidance is based on.

I have requested full policy documents, not summaries.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/n...

Yours faithfully,
Mx Castellucci

Department of Health and Social Care

2 Attachments

Dear Mx Castellucci,

Your requested internal review of FOI-1457699 is now complete.

Please see the attached letter for the outcome.

Yours sincerely,

FOI Internal Reviews
Department of Health and Social Care
This e-mail and any attachments is intended only for the attention of the
addressee(s). Its unauthorised use, disclosure, storage or copying is not
permitted. If you are not the intended recipient, please destroy all
copies and inform the sender by return e-mail. Any views expressed in this
message are not necessarily those of the Department of Health and Social
Care. Please note: Incoming and outgoing email messages are routinely
monitored for compliance with our policy on the use of electronic
communications.

Dear Department of Health and Social Care,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department of Health and Social Care's handling of my FOI request 'NHS "indeterminate" sex registration policy'.

You have not responded to my request for policy documents.

Please either provide the policy documents I asked for, or confirm that you have no formal policies on the matter.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/n...

Yours faithfully,
Mx Castellucci

Department of Health and Social Care

1 Attachment

Dear Mx Castellucci,

Your requested internal review of FOI-1451732 is now complete. Please see
the attached letter for the outcome.

Yours sincerely,

FOI Internal Reviews
Department of Health and Social Care

show quoted sections

Dear Department of Health and Social Care,

You have not responded to my query.

In your response on 28 June 2023, you provided "policy background" that you stated was provided in response to a parliamentary question. Based on the way your message was formatted, it is unclear what part of the response was this "policy background".

Please provide a copy of the original document(s).

You mention "patients are encouraged to select only ‘male’ or ‘female’" - please provide the document which makes this recommendation. You have stated "The Gender Identity Toolkit for General Practice" is not NHS policy, so please do not refer to that document.

You mention "An ‘indeterminate’ category exists but guidance states that this should not be used when registering new patients." - please provide the document you are referencing. You have stated "The Gender Identity Toolkit for General Practice" is not NHS policy, so please do not refer to that document.

Yours faithfully,

Mx Castellucci

Department of Health and Social Care

This is an acknowledgement - please do not reply to this email.

Thank you for contacting the Department of Health and Social Care. 

If your enquiry is in relation to the pandemic, the Government has
launched a COVID-19 ‘hub’, which can be found
at [1]www.gov.uk/coronavirus and is regularly updated. 

The answers to many other questions can be found on [2]GOV.UK,
the [3]Department of Health and Social Care website or by visiting
the [4]NHS website. We may not respond to you if the answer to your
enquiry can be found on either of these websites. Where a reply is
appropriate, we aim to send a response within 20 working days.
 
Please note that the department cannot arrange vaccinations. [5]This
webpage gives information on vaccination. You can also contact your GP,
clinical commissioning group or call 119.

 

If you have symptoms of COVID-19 you must get tested as soon as possible.
The swab test takes less than a minute and is pain-free. Results from test
sites are generally received within 24 hours of the test being
administered. Further information, including what symptoms to look out
for, can be found [6]here.
 
If your business is interested in helping the Government increase
COVID-19 testing capacity, please visit [7]this webpage. Please note that
the service that was set up for businesses to offer other COVID-19 support
has closed. If you have a product to sell to the NHS, please visit
[8]https://www.supplychain.nhs.uk/.   
  
Since 15 February 2021, anyone travelling to the UK from a red-list
country has been required to quarantine in a managed quarantine facility
for a period of ten days. There will be periods where no countries are
listed, but the red list remains ready to be stood up should the global
epidemiological situation change. In these circumstances, there is
guidance available on a range of queries.

To find out how to apply for a medical or compassionate exemption, please
visit
[9]www.gov.uk/guidance/exemptions-from-managed-quarantine-for-compassionate-reasons.

If you have been in quarantine and have a complaint about the hotel,
please raise your concerns with the hotel itself in the first instance. If
your complaint is unresolved, please email the complaints team at
[10][email address].
 
If you are writing in connection with an NHS or social care service please
note that the department does not manage health and social services
directly, nor does it process complaints. It also cannot give clinical
advice or intervene in matters concerning patient care or social services.
If you wish to make a complaint about a healthcare professional, an NHS
organisation or a social care provider, please visit [11]this link.

 
If you would like to raise your concerns about a COVID-19 testing
provider, or have any other NHS Test and Trace enquiries, you can
contact [12]NHS Test and Trace enquiries, feedback and complaints. 

Our [13]Personal information charter and [14]privacy notice explain how we
treat your personal information.

 

This e-mail and any attachments is intended only for the attention of the
addressee(s). Its unauthorised use, disclosure, storage or copying is not
permitted. If you are not the intended recipient, please destroy all
copies and inform the sender by return e-mail. Any views expressed in this
message are not necessarily those of the Department of Health and Social
Care. Please note: Incoming and outgoing email messages are routinely
monitored for compliance with our policy on the use of electronic
communications.

References

Visible links
1. https://www.gov.uk/coronavirus
2. https://www.gov.uk/
3. https://www.gov.uk/government/organisati...
4. https://www.nhs.uk/
5. https://digital.nhs.uk/coronavirus/vacci...
6. https://www.gov.uk/getting-tested-for-co...
7. https://www.gov.uk/guidance/help-the-gov...
8. https://www.supplychain.nhs.uk/
9. http://www.gov.uk/guidance/exemptions-fr...
10. mailto:[email address]
11. https://www.nhs.uk/using-the-nhs/about-t...
12. https://enquiries.test-and-trace.nhs.uk/...
13. https://www.gov.uk/government/organisati...
14. https://www.gov.uk/government/publicatio...

Department of Health and Social Care

Dear Mx Castellucci,

Thank you for your request of 15 August under the Freedom of Information
Act (our ref:FOI-1466603)

I am writing to inform you that the Department's consideration of the
balance of the public interest with regards to your request is not yet
complete and requires further time to complete in line with Section 10(3)
of the FOI Act.

The Department is currently assessing the public interest in release under
Section 36.

We anticipate this process will take no longer than a further 20 working
days to complete.  We therefore aim to respond fully to your request by 11
October.
 
Please accept my apologies for this delay.
 
If you are not satisfied with the handling of your request, you have the
right to appeal by asking for an internal review once you have received
your response. This should be sent to [DHSC request email]
within two months of the date of our FOI response.  
 
If you are not content with the outcome of your internal review, or should
you wish to raise a complaint about our handling of the case, you may
complain directly to the ICO. Generally, the ICO cannot make a decision
unless you have already appealed our original response and received our
internal review decision. You should raise your concerns with the ICO
within three months of your last meaningful contact with us.

Yours sincerely,

Freedom of Information Team
Department of Health and Social Care
 

show quoted sections

Department of Health and Social Care

1 Attachment

Dear Mx Castellucci,

Please find attached the Department of Health and Social Care's response
to your recent FOI request (our ref: FOI-1466603).

Yours sincerely, 

Freedom of Information Team
Department of Health and Social Care

show quoted sections

Dear Department of Health and Social Care,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department of Health and Social Care's handling of my FOI request 'NHS "indeterminate" sex registration policy'.

DHSC has stated that the information I requested, a "policy background" document, is held, but is exempt under section 36.

Please redact the referenced document to address section 36 concerns, or explain why this is not possible.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/n...

Yours faithfully,

Mx Castellucci

Department of Health and Social Care

1 Attachment

Dear Mx Castellucci,

Your requested internal review of FOI-1466603 is now complete. Please see
the attached letter for the outcome.

Yours sincerely,

FOI Internal Reviews
Department of Health and Social Care

show quoted sections