Supreme Court ruling and use of single sex spaces within NHS services correspondence: FOI release

Information requested

All correspondence - including text messages and emails - between the Scottish Government (specifically Neil Gray and his staff) and NHS health boards since April 15, 2025 regarding the UK Supreme Court ruling (that “sex”, “man” and “woman” in the Equality Act refers to biological sex) and the use of single-sex spaces within NHS healthcare services.

Response

I enclose a copy of some of the information you requested in PDF format.

Following a comprehensive search, a number of emails were identified as in scope. In interpreting “Neil Gray and his staff,” we have taken this to include officials working across the wider Health and Social Care portfolio, rather than limiting the scope solely to the Cabinet Secretary’s immediate Private Office.

The relevant emails have been released with redactions where exemptions under FOISA apply. The following exemptions have been applied:

• Section 30(b)(i) – Free and frank provision of advice
• Section 30(b)(ii) – Free and frank exchange of views for the purposes of deliberation
• Section 30(c) – Prejudice to effective conduct of public affairs

Exemptions under Sections 30(b)(i), 30(b)(ii), and 30(c) are subject to the public interest test. In considering the public interest, we recognise the importance of transparency in relation to how the Scottish Government engages with NHS Boards on matters of public service, equality and compliance with legislation.

The redacted material reflects internal discussions and the exchange of views between officials and external partners. This content does not represent final or agreed policy positions. Disclosure of these communications would be likely to substantially inhibit the free and frank provision of advice and exchange of views, both within the Scottish Government and with external stakeholders.

Releasing this material would undermine the ability of officials to explore options openly and assess issues that are still under active consideration. It could also lead to misinterpretation of provisional thinking or prematurely expose deliberations that require a protected space for development. Accordingly, the balance of public interest lies in maintaining the relevant exemptions, to protect the integrity of internal decision-making and ensure the effective conduct of public affairs.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202500466793 - Information released - Annex

File type

PDF

File size

279.2 kB