Trans rights charities to give evidence in appeal over use of puberty blockers for under-16s
Fiona Simpson
Monday, February 1, 2021
Trans rights groups have been granted permission to give evidence in an appeal over a High Court ruling banning the use of puberty blockers for under-16s with gender dysphoria.
Last month, Tavistock and Portman NHS Trust which runs the UK’s largest gender identity development service for children, was granted permission to appeal the ruling in which judges found that children under 16 are unlikely to be able to give informed consent to undergo treatment with puberty-blocking drugs.
The case was 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.
A second claim was brought by the mother of an unnamed 15-year-old girl with autism, who is awaiting treatment at the clinic.
The trust will appeal alongside University College Hospitals NHS Foundation Trust and Leeds Teaching Hospitals NHS Trust.
Now, the High Court has approved an application from the Good Law Project on behalf of a small group of NGOs - Endocrine Society, Gendered Intelligence, and Brook - to take part in the appeal, putting forward the views of transgender young people the organisations support.
We are delighted to tell our young people that we have been granted an application to appeal in the Tavistock v Bell case.
— Gendered Intelligence (GI) (@Genderintell) January 29, 2021
The application to intervene was put forward on three grounds which were accepted by the court:
-
the need to hear the voice of teenagers affected
-
the issues the judgment raises around the role of parental consent
-
the wider implications, in particular for access to contraception and abortion care, of the Divisional Court’s ruling
According to the Good Law Project, the appeal is likely to be set for a date at the end of April.
A statement from the organisation said: “The voice of trans young people and the voice of the experts who prescribe puberty blockers should have been before the Divisional Court.
"By working in unity across children and young people’s organisations, reproductive health organisations and international medical bodies we have climbed the first hurdle.
"Our work continues now to ensure the experience and expertise of each of these sectors is fully represented in the ongoing appeal.
"The court confirmed the next hearing would be scheduled as soon as possible and we were pleased that the urgency of this is appreciated by all parties. The judge recommends that all parties are ready to go by the end of April. We will keep you posted with developments.”
The United Kingdom’s High Court has granted permission for a coalition of #LGBTQ+, youth, reproductive health and medical organizations, including our Society, to intervene in a #TransgenderMedicine Court Appeal. Learn more via @Endocrine_News: https://t.co/SH7qLWxvwn
— Endocrine Society (@TheEndoSociety) January 29, 2021
The application was supported by a number of charities including Stonewall and Mermaids.
Susie Green, chief executive of Mermaids, said: “Mermaids is delighted to learn that Gendered Intelligence, Brook and The Endocrine Society have been given permission to intervene in this important case.
“Caring for young people means listening to them when they share their needs and experiences. The court must now reflect that it has the best interests of young people at heart by listening to what they have to say.
“No other child is subject to court proceedings when they, their parents and their doctor agree on what care is needed.
“As one of the UK’s leading charities for transgender youth, Mermaids stands ready to support this intervention in any way we can.”
Stonewall added: “We’re pleased the court believed it was right that organisations with direct expertise in healthcare for children and young people will be heard.”
