header-logo header-logo

Restrictions on puberty blockers lawful

31 July 2024
Issue: 8082 / Categories: Legal News , Health
printer mail-detail
A legal challenge to restrictions on puberty blockers has been unsuccessful

R (On behalf of TransActual and another) v Secretary of State for Health and Social Care [2024] EWHC 1936 (Admin) concerned the lawfulness of secondary legislation limiting the prescription, sale or supply of medicine for the purposes of puberty suppression to under-18s experiencing gender dysphoria and gender incongruence.

The medicine concerned, Gonadotrophin-Releasing Hormone Analogues (puberty blockers), was subject to a temporary government order which took effect on 3 June and expires on 2 September 2024, following a government-commissioned review by Dr Hilary Cass.

The claimants argued the order was unlawful, there was a lack of proper consultation and the Secretary of State acted irrationally in concluding there was a serious danger to health.

Dismissing the claim, however, Mrs Justice Lang said: ‘In my view, the [Secretary of State] was entitled to conclude that the Cass Review was the best and most up-to-date scientific evidence available, and further research on the effects and safety of puberty blockers for children and young people was not required.’

Lang J said the fact the Cass Review’s findings and recommendations were acted upon by NHS England and other clinical bodies ‘gave them considerable further weight’. Moreover, ‘in regard to timing, the [Secretary of State] reasonably considered that it was essential to make the order as soon as possible to protect children and young people from irresponsible prescribing of puberty blockers by EEA providers, such as GenderGP, contrary to the recommendations of the Cass Review.

‘The standard procedure [of consultation]… was estimated to take between five and six months. In my view, it was rational for the [Secretary of State] to decide that it was essential to adopt the emergency procedure to avoid serious danger… Under the emergency procedure, there is no requirement to hold a consultation procedure.’

Issue: 8082 / Categories: Legal News , Health
printer mail-details

MOVERS & SHAKERS

mfg Solicitors—Brian Hession

mfg Solicitors—Brian Hession

Birmingham commercial property team bolstered by partner hire

STEP—Sara Morgan

STEP—Sara Morgan

Fieldfisher director re-elected as deputy chair of England Wales committee

Osborne Clarke—Andrew Eaton

Osborne Clarke—Andrew Eaton

Restructuring and insolvency expert joins as partner

NEWS
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
back-to-top-scroll