High Court Grants Permission To Appeal Decision Over Trans NHS Waiting Times

Birmingham Pride’s Eva Echo has revealed that following the high court ruling in a case regarding NHS waiting times for trans patients, an application to appeal the judgement has now been given permission, as ‘G Scene’ reports.

The NHS has a statutory requirement that at least 92% of patients should be referred to a specialist within 18 weeks, and claimants in this case argued that NHS England breaks the law when they fail to meet this target for transgender patients. Last month, a judgement was handed down in which the High Court judge found that this ‘target’ duty was not a ‘legal’ duty; meaning that individuals could not enforce it as a right. Eva Echo announced the intent to appeal this ruling; an appeal that has now been granted permission.

Image Credit: Pixabay

Of the appeal, the judge, Mr Justice Chamberlain, stated, “There is a real prospect that the Court of Appeal might differ from the reasoning at [91]-[99] of my judgement. In any event, the point is of sufficient general importance to justifying consideration by the Court of Appeal.”

In social media posts, sharing the news, Eva Echo explained: “The High Court has granted us permission to appeal the decision over NHS England 18-week referral to treatment (RTT) target.

“It is incredibly rare for a High Court Judge to grant permission to appeal their own judgement… which shows just how important this case is. If successful, it could even set a precedent for excessive waiting times in other area of healthcare.”

To support with the Court of Appeal case, a crowdfunder has also been set up so that those in the position to do so can help cover the legal costs.

Read related myGwork articles here:

NHS Wait Times Impact Trans People’s Mental Health, Survey Finds

NHS Drafts Stricter Guidelines For Trans Youth Care

NHS Drops Discriminatory IVF Rules

NHS Bosses Have Blocked Health Advice For Pregnant Trans People For Almost A Year