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Case Update

We have permission to appeal the trans healthcare decision

21st February 2023

Last month, we shared the news that the High Court had rejected our attempt to challenge the extreme delays faced by the trans community when trying to access healthcare from NHS England.

We also shared that we would be seeking permission from the Court of Appeal to try to overturn this decision.

We have now received news that permission to appeal the judgment has been granted. This will allow us to challenge the court’s findings about whether NHS England is in breach of its statutory obligations by failing to ensure timely specialist treatment for trans patients.

In giving permission to appeal, the judge said that there was a ‘real prospect that the Court of Appeal might differ from the reasoning at [91]-[99] of my judgment’ and that this is of great enough general importance to be considered by the Court of Appeal.

In order to take the case to the Court of Appeal, we will need to raise £50k (the cost estimate) on top of the £215k the case has already cost. If you are in a position to donate, any amount big or small would be greatly appreciated. You can find more information on how to donate to this case here.

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NHS England has a duty to see 92% of those referred to specialist healthcare services within 18 weeks, yet the average waiting time for young transgender people is nearly three years, and many adults face waits of four years or more.

At the High Court last November, we and our co-claimants argued that these waiting times, and other failures in trans healthcare services, are discriminatory and unlawful. 

We are hugely grateful for the support we have received so far. Without the generous donations from members of the public, it would not have been possible for us to take on this important case.

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Please consider making a donation to support this case. If you’ve already given or aren’t able to contribute, you can also help by sharing this on Twitter, Facebook and WhatsApp.


This article is part of our We are just people too case

England is an international outlier in trans healthcare – but not in a good way. In November 2022, we went to the High Court to challenge NHS England over the extreme waiting times faced by trans people trying to access specialised healthcare. In January 2023, we received news that our challenge had been rejected by the Judge – but we were also granted permission for an appeal, which was disappointingly dismissed in July 2023.

See more about this case