Labour defends Tory trans healthcare ban that will have a ‘grave impact’ on young lives

Wes Streeting’s legal team was in court today defending a controversial emergency ban on puberty blockers for young trans people that his predecessor knew would put children’s lives at risk. The ban was rushed through by the Tories before the dissolution of the last parliament. Good Law Project supported trans rights organisation TransActual and a young trans person to challenge the ban, hearing harrowing reports of the impact on those directly affected.  

Court documents revealed startling evidence of warnings to Streeting’s predecessor, Victoria Atkins, that a ban would impact an “extremely vulnerable group” and give rise to an increased risk of self-harm and suicide. Senior civil servants warned that, without time to engage with experts before implementing the ban, there was a high risk of causing harm to patients.

Atkins not only ignored these safety warnings but also told officials not to consult with any “specialist [organisations] claiming to represent those with [gender dysphoria] and their families/carers”. 

Section 62(1) of the Medicines Act is only meant to be used to ban substances that pose a serious danger to health. Today in court, Jason Coppel KC argued that this provision has never been used before to ban a medication for a particular use, rather than because the substance itself is dangerous. Even the much-disputed Cass Review did not recommend a ban on puberty blockers “whether on safety or any other grounds”. We believe Atkins used this power unlawfully, based on her own personal views rather than expert advice or medical evidence. 

Good Law Project’s legal manager, Bekah Sparrow, who attended the hearing, said: “The Government has cut off another route for trans youth to access treatment, while no timely alternative is available on the NHS – in the face of evidence that this could have a grave and direct impact on young people’s health. It’s difficult to see this ban as anything but an ideological piece of legislation, motivated by a belief that trans kids can, or even should, just ‘grow out of it’”.

Puberty blockers have been prescribed throughout Europe for decades, as a way to buy time for young people questioning their gender to consider their options, in accordance with internationally-recognised standards of care. As a result of this ban, the UK has become one of the most restrictive regimes for trans healthcare in the world. Clinicians and pharmacists could face criminal sanctions for treating patients in accordance with best practice. 

We wrote to new health minister Wes Streeting earlier this week to remind him of the case and urge him not to continue with the previous government’s ban. But this morning Streeting’s team proposed taking things further. They said the new Labour government “is minded to renew the emergency banning order with a view to converting it to a permanent ban.” 

Good Law Project’s executive director Jo Maugham said the new health secretary shouldn’t be out batting for his Tory predecessor’s decision, based on culture war posturing: “Decisions that could be the difference between life and death must be based on evidence and expert advice, with the needs of vulnerable young people put first.” 

Whatever the outcome of this case, we’ll keep fighting alongside trans friends and allies to stop dangerous public health decisions being made based on political point scoring.