Request

I am requesting information regarding the apparent NHSBSA policy that a patients 'sex at birth' should always be used on a claims form.

I am interested in the policy itself, any legal advice taken around the policy, especially in regards to how this interacts with the GRA2004, meeting minutes around the decision, any equality impact assessment, internal communications and anything else similar along these lines.

If this needs to be narrowed, please restrict a search to the 6 months before and after the policy was brought in. Unfortunately, as it is not clear when this policy was enacted (or made explicit, if NHSBSA claim it was always policy but only stated fully recently) I am unable to advise on this.

On 15 January 2026 you clarified your request with the following:

‘I this was originally in reference to dental services and claims by dentists submitted via FP17 there, although the information from the last FOI response I received (FOI 03420 was the reference number) was not clear if this claimed policy was only for dental claim form FP17 or if it applied to any form which has a sex/gender field.

As such, I would like to request information on policy or policies if they differ for any claim forms or similar that have a sex/gender field on them.

If this is too broad, please narrow to only dental claim forms including FP17.’

The NHS Business Services Authority (NHSBSA) received your request on 13 January 2026.

We have handled your request under the Freedom of Information Act 2000 (FOIA).

Our response

I am writing to advise you that following a search of our paper and electronic records, I have established that the information you requested is not held by the NHSBSA.

The NHSBSA does not set policy in relation to the content or completion requirements of NHS dental claim forms (including the FP17).

As such, any policy decision, legal advice, equality impact assessment, or governance documentation relating to the requirement to record a patient’s “sex at birth” on claim forms would be held by the Department of Health and Social Care (DHSC), rather than the NHSBSA.

Advice and assistance

Having reviewed your request, I believe that it is possible that Department of Health and Social Care may hold some or all of the information you require. They can be contacted at:

Department of Health and Social Care

Freedom of Information Team

Email: freedomofinformation@dhsc.gov.uk

Website: https://www.gov.uk/government/organisations/department-of-health-and-social-care