In a huge win for trans people and their families, the Court of Appeal has today reversed the judgment handed down in Bell v Tavistock by the Divisional Court.
The Court of Appeal said that “the [original] claim for judicial review should have been dismissed” outright and points out that it “was inappropriate for the Divisional Court to provide the guidance” in the first place.
The judgment is a resounding success for the Tavistock and those of us who supported their appeal.
NHS England will now need to review its current guidance on puberty blockers and consent, in light of the appeal judgment.
We are proud to have intervened alongside Brook, The Endocrine Society, and Gendered Intelligence to oppose the original ruling. And that we had the backing of so many organisations in the LGBT, children’s rights, and reproductive rights sectors and international medical bodies. Collectively, we sought to speak for those that were not heard in the original judgment. Thanks to our intervention, the Court heard submissions from trans young people actually affected.
This judgment reinstates the proper distinction of responsibilities between doctors and the courts. It will make it much more difficult for those with a hard right evangelical agenda to interfere in the delivery of medical treatment in the UK.
This is a huge win for our trans family. And our second successful intervention in the space. The Court of Appeal also endorsed the first.
We hope NHS England will now act swiftly. But make no mistake, if it drags its heels on implementing the Court of Appeal decision, as it has with AB, we will bring expedited proceedings.
We are so grateful to our co-intervenors and to hundreds of you for your support.
Next week Good Law Project will announce two further challenges to help ensure the trans community receives the support that those of us from other communities take for granted.
If you would like to support our work in this space, you can do so here.
Solidarity with you all.
The NHS commissions Gender Identity Development Service (GIDS) to provide specialist assessment, consultation and care for children and young people to help reduce the distressing feelings of a mismatch between their assigned sex and their gender identity.
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