What the law says
You can find out in more detail about what the law has to say on issues relating to health and social care in legislation such as the Health Act 2006 and the Mental Health Bill 2006.
You can also find out about the anti-discrimination and human rights legislation which relates to health and social care.
British anti-discrimination legislation defines different types of discrimination, such as direct and indirect discrimination, victimisation and harassment. Find out more about the legal definitions of discrimination and other related terminology, as well as general legal exemptions.
The Department of Health has developed guidance on human rights in healthcare settings. This document highlights the fact that human rights cover a set of core principles, including dignity, equality, respect, fairness and autonomy. These rights belong to everyone, all of the time, and cannot be ‘given’ or ‘taken away’. Find out more about human rights.
On this page
When discrimination is lawful
There are some specific circumstances when it is lawful to discriminate in providing health and social care.
Single-sex hospital accommodation
NHS hospitals are required to provide single-sex accommodation for hospital inpatients. Today, around 97 per cent of NHS trusts meet the single-sex accommodation standards expected by the Department of Health.
Services or facilities designed for a particular group
It is lawful to provide access to services or facilities to people from a particular racial group in order to meet specific needs relating to education, training or welfare.
Example
A district health authority provides resources for a centre to provide information, counselling and screening on sickle-cell anaemia and thalassaemia for people of African, Caribbean, Asian and Mediterranean origin, who are statistically more likely to suffer from these disorders. This is lawful discrimination.
Example
A church-funded hospice reserves places for members of that religion or denomination. This is lawful discrimination.
Example
A sexual health clinic is set up to cater for women only, because appropriate provision already exists for men with sexual health problems in that area. This is lawful discrimination.
People with psychiatric problems
People who are detained in hospital under the Mental Health Act 1983 or the Mental Health (Care and Protection) (Scotland) Act 2003 can be forced to accept treatment. The Mental Health Act Commission and Mental Welfare Commission for Scotland provide safeguards for patients who lack capacity or refuse to consent to treatment.
Fostering children and adoption services
While it is generally unlawful to discriminate on the grounds of race, local authorities are allowed to match foster children with carers of the same ethnic origins.
The Equality Act (Sexual Orientation) Regulations 2007 gives lesbian, gay, bisexual and straight people the right not to be discriminated against in receiving access to goods, services and facilities. This includes access to adoption and fostering services. However, faith-based adoption agencies have been given a transition period to adapt before they must comply with these regulations by the end of December 2008. In the interim, any faith-based adoption or fostering agency must refer same-sex couples to other agencies which can help.
In all cases, the interests of the child are paramount in deciding where to place that child for adoption or fostering.
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