Campaigners praise decision to reverse ban on puberty blockers for under-16s
Fiona Simpson
Monday, September 20, 2021
Trans rights charities have praised a Court of Appeal ruling which overturns a ban on the use of puberty blockers for under-16s.
The decision, made by Court of Appeal judges last week, reverses a 2020 High Court ruling which found that under-16s lacked capacity to give informed consent to the treatment, which delays the onset of puberty.
The appeal was brought by the Tavistock Trust, which runs the UK’s only gender identity clinic for young people.
The High Court’s initial decision was made in a case brought by Kiera Bell, a 23-year-old woman who was referred to the Tavistock Centre as a teenager and was prescribed puberty blockers aged 16.
She argued the clinic should have challenged her more over her decision to transition to a male as a teenager.
However, the appeal found that the Tavistock’s policies and practises “were not unlawful” and recognised “the difficulties and complexities associated with the question of whether under-18s were competent to consent to the prescription of puberty blockers”.
“It was for clinicians to exercise their judgment knowing how important it was for the patient’s consent to be properly obtained according to the particular individual circumstances,” a summary of the judgment states.
Charities supporting young people with gender dysphoria have hailed the judgment a “success”.
Mermaids chief executive Susie Green said: “We welcome this decision and are pleased that the Court of Appeal has overturned what was a devastating decision that has empowered transphobia in the UK and continues to impact the lives of hundreds of young people.”
A statement from Gendered Intelligence added: “This is a huge win for trans people, trans youth and their families in particular.”
Helen Marshall, chief executive of young people's sexual health and wellbeing charity Brook, said: “We are delighted by this judgment. It will not only offer reassurance for trans young people and their parents, but everyone who values young people’s right to make decisions about their own healthcare in line with their evolving maturity and understanding.”
The Tavistock Trust said in a statement: “We welcome the judgment on behalf of the young people who require the Gender Identity Development Service and our dedicated staff. The judgment upholds established legal principles which respect the ability of our clinicians to engage actively and thoughtfully with our patients in decisions about their care and futures. It affirms that it is for doctors, not judges, to decide on the capacity of under-16s to consent to medical treatment.
“This has been a fundamental part of the legal basis for health services for young people in this country and it is very significant that it has been reinforced so strongly in this judgment.
“We continue to recognise the complex and often contentious nature of this area of work. The trust remains committed to working with our commissioners and partners to strengthen both the quality of care and decision making for our patients and the evidence base in this developing area of care. We will also participate actively in wider work to develop the care pathway for young people experiencing difficulties with gender identity.”
