Today, I have laid the Gender Recognition (Disclosure of Information) (England) Order 2026 in Parliament. The order will come into force on 20 March 2026.
This Government have always made it clear that anyone accessing gender services deserves high-quality, evidence-based care and support. Laying this order will facilitate delivery of the data linkage study and is another step to achieving our manifesto commitment to implement recommendations of the independent Cass review.
The study was planned to take place during the lifespan of the Cass review, and a statutory instrument was brought forward in 2022 to protect those disclosing protected information for the study. However, it is well documented that some clinics did not share data to allow the study to commence and the study was therefore not completed as planned. Further to this, it is the Government’s view that the 2022 order now needs to be updated to sufficiently protect those who will now be sharing information for the purposes of the study.
This order will revoke the 2022 order and will ensure that information that may otherwise be protected under the Gender Recognition Act 2004 can be lawfully disclosed for the specific purpose of the data linkage study. This order makes technical changes to reflect that NHS England is now delivering the study, that the study is being completed as a recommendation (rather than during the lifetime) of the Cass review, and to update the list of organisations contributing to the study.
The data linkage study is a retrospective study based on an analysis of routine data collected for a cohort of adults who, as children, were referred into a former model of NHS gender care, the Gender Identity Development Service. The study requires no active patient participation and instead relies on an analysis of information already held within health records and other nationally held databases. The study aims to learn more about the needs of individuals referred to GIDS, their healthcare experience, and associations identifiable in the data which may tell us more about the intermediate outcomes for this cohort.
Since assuming responsibility for the data linkage study, NHS England has taken time to undertake due diligence work on the data sources critical to the study, and to work with organisations to refine the planned approach to data sharing. Some small but important improvements have been proposed in the study design that will better support the collaboration of organisations on whom the study team will be reliant for data, including adult gender clinics. It is my clear expectation that all relevant organisations will now provide the data required to complete this study.
Alongside the laying of this order, updated data linkage study research approvals are also in progress. As with usual research practice, the finalised data linkage study protocol will be made public once independent research and ethical approvals have been appropriately secured, at which point the study can begin.
We are determined to continue our work to improve the lives and healthcare of transgender people in this country. We will continue to implement the recommendations of the Cass review.
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