Puberty blockers ban ruled lawful by high court

A high court judge has ruled that the ban on prescribing puberty blockers to children with gender dysphoria in England, Scotland, and Wales is lawful.

On May 29, the Conservative government issued an emergency order to temporarily prohibit the supply of puberty blockers based on overseas prescriptions, following Dr. Hilary Cass’s review of gender medicine.

The review highlighted the lack of evidence regarding the benefits and risks of puberty blockers, leading to legislation that permits their use only as part of an authorised clinical trial.

The advocacy group TransActual and an anonymous young person challenged the decision, arguing that it lacked thoroughness and was influenced by the personal views of the then health secretary, Victoria Atkins.

According to ‘The Guardian’, they contended that Atkins had not established the “serious danger to health” necessary to justify emergency legislation and should have conducted a consultation before issuing the order.

However, Mrs. Justice Lang ruled on Monday that Atkins had acted lawfully.

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The judge stated: “In my view, it was rational for the first defendant to decide that it was essential to adopt the emergency procedure to avoid serious danger to the health of children and young people who would otherwise be prescribed puberty blockers during that five- to six-month period. Under the emergency procedure, there is no requirement to hold a consultation procedure …

“In my judgment, the Cass review’s findings about the very substantial risks and very narrow benefits associated with the use of puberty blockers, and the recommendation that in future the NHS prescribing of puberty blockers to children and young people should only take place in a clinical trial, and not routinely, amounted to powerful scientific evidence in support of restrictions on the supply of puberty blockers on the grounds that they were potentially harmful.”

Lang noted that although the Cass review did not conclude that puberty blockers posed a serious health risk, that was not its intended question. She also pointed out that the review’s findings and recommendations being acted upon by NHS England, the Royal College of GPs, and the General Pharmaceutical Council “gave them considerable further weight.”

During last month’s hearing, the court learned that the temporary ban had a “very real human cost” on over 1,000 under-18s. Lang said: “I recognize that the claimants’ evidence shows that this cohort has had difficulties in accessing UK-registered GPs and mental health services since the order was made.

“In my view, this is essentially an issue about achieving a successful implementation of the new scheme, not the lawfulness of the order. NHS England and the DHSC [Department for Health and Social Care] should consider how implementation can be improved as soon as possible, and in any event, before the next order is made.”

Health secretary Wes Streeting, who is reportedly considering making the ban permanent, said after the high court ruling: “Children’s healthcare must be evidence-led.

“Dr. Cass’s review found there was insufficient evidence that puberty blockers are safe and effective for children with gender dysphoria and gender incongruence.

“We must therefore act cautiously and with care when it comes to this vulnerable group of young people.

“I am working with NHS England to improve children’s gender identity services and to set up a clinical trial to establish the evidence on puberty blockers.

“I want trans people in our country to feel safe, accepted, and able to live with freedom and dignity.”

Read related myGwork articles here:

Labour moves to ban puberty blockers in a blow to trans rights

Scotland pauses prescriptions of puberty blockers for trans minors

England’s health service to stop prescribing puberty blockers to trans kids

NHS Limits Use Of Puberty Blockers To Research Only