Court upholds puberty blockers ban. We won’t stop fighting for trans rights

The High Court has ruled that the former health secretary Victoria Atkins did not break the law when using emergency powers to ban puberty blockers before the election. 

TransActual and a young trans claimant argued with our support that the ban put young trans people at risk and was rushed through without proper consultation. But the court found (PDF) that Atkins’s decision was lawful.

“This decision required a complex and multi-factored predictive assessment,” the court ruled, “involving the application of clinical judgment and the weighing of competing risks and dangers, with which the court should be slow to interfere.”

The court also found that there is “an exemption” from requirements to consult in emergency situations, adding that “It is not for the courts to impose an additional duty to consult.”

We know this news will be distressing for many young trans people and their families, who have been writing to Good Law Project and TransActual with their fears ever since former health secretary Victoria Atkins imposed the ban in May. 

Both Victoria Atkins and current health secretary Wes Streeting argued that a lack of evidence of the long-term impacts of puberty blockers was a reason to ban them, even though it’s clear they made little effort to look at the dangers of not prescribing them. The ban may remain in place, but so does the government’s duty of care to a vulnerable group of young people, who need proper and immediate support. 

According to the judge, our evidence shows that young trans people have “had difficulties in obtaining access” to healthcare, including mental health care, since the ban was put in place, and both NHS England and the health department “should consider how implementation can be improved as soon as possible”.

“This may require additional resources to be made available to this cohort,” the judge said.

Before the election, Labour promised to “remove indignities for trans people”. The new health secretary has also insisted that young people’s healthcare must be led by evidence. For Labour’s commitments to have any substance, future consultations must be taken seriously and include input from real experts and those most directly affected by the changes, which in this case means young trans people and their families.

Young trans people, like all young people, should be able to access the  medication they need to live happy, healthy lives. It’s time for the health secretary to listen to their needs. In the meantime, Good Law Project and allies around the country will continue working with the trans community to advocate for their rights.

• Trans, non-binary people and allies who are struggling right now can find helpful resources on our page about support services.