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Case update 05 May 2023

Trans healthcare appeal: what you need to know

nito / Shutterstock

We’re fundraising to appeal a High Court judgment which rejected our attempt to tackle the extreme waiting times faced by trans people seeking help from NHS England. We need to reach our funding deadline, but we’ve only got one month left to raise the money. Here’s what you need to know:

What’s the case about?

The NHS 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.

Waits for treatment are leading to the loss of lives and things are getting worse, not better. 

We believe this cannot continue unchecked, so decided to take legal action.

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What’s happened so far?

Last November, we and five co-claimants went to the High Court to argue that the waiting times, and other failures in trans healthcare services, are discriminatory and unlawful. 

In January 2023, we received news that our case had been rejected by the Judge – but we were granted permission to appeal the decision. 

Why appeal the decision?

Unusually, the Judge who made the initial decision gave permission to appeal, without referring the case up to the Court of Appeal.

In giving permission to appeal, he 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 ‘the point is of sufficient general importance to justify consideration by the Court of Appeal.’

This means there is a real prospect that we could see a different outcome in the Court of Appeal.

How can you help?

We’re so grateful to everyone who has chipped in or helped spread the word to make this appeal happen. But the appeal will now cost £10k more than we had hoped it would. So, if you are in a position to donate, any amount big or small would still be greatly appreciated. You can find out more information and make a donation by clicking on the button below:

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