Children under 16 with gender dysphoria are unlikely to be able to give informed consent to undergo treatment with puberty-blocking drugs, three High Court judges have ruled.
Following this Judgment, children aged 16 and younger will require Court approval prior to being prescribed puberty-blocking drugs. The ‘innovative and experimental’ treatment, which causes ‘irreversible changes’, was previously available after as little as three consultations.
Whilst far from imposing a ban on puberty blockers for minors, this judgment has introduced a robust extra layer of safeguards in an attempt to discourage emotionally-charged, uninformed choices. The clarity brought by this decision has been welcomed by the NHS, and referrals for under 16's have been halted with immediate effect.
It remains to be seen how this judgment will be interpreted; how consistent future rulings will be and ultimately, how freely the court will deem a minor to be capable of providing informed consent. Although ‘highly unlikely’, the door is not closed entirely on future referrals for children as young as 13.
The decision, however, has been far from universally welcomed. Trans charity, Mermaid, described the outcome as a ’devastating blow’ for young trans people, whose route to feeling comfortable in their own body has been obstructed even more than before. Further, the NHS now falls vulnerable to contrasting claims, with a 14 year old transgender boy initiating legal proceedings for delayed access to gender reassignment treatment.
Despite the introduction of a clearer legal framework, this remains a controversial topic and – considering the defendant’s decision to seek an appeal – one that will continue to rumble on.
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BY NATALIE MARRISON
December 15, 2020
Natalie is a Partner and Heads the Abuse and Personal Injury team.