For Immediate Release
Date: 29th July 2024
Contact: info@ourduty.group
Our Duty Welcomes High Court Judgment on Puberty Blocker Regulation
Our Duty is pleased that the High Court has upheld secondary legislation designed to better protect adolescents experiencing transgender ideation from the potentially harmful effects of puberty blockers. This landmark judgment is a significant step towards safeguarding the health and wellbeing of young people across England, Wales, and Scotland.
We are concerned that a loophole remains in Northern Ireland.
The full judgment can be read here: https://www.judiciary.uk/wp-content/uploads/2024/07/Approved-Judgment-RTransActual-CIC-and-Anor-v-SSHSC-and-Anor.pdf
The Court’s press summary can be read here:
https://www.judiciary.uk/wp-content/uploads/2024/07/Press-summary-RTransActual-CIC-and-Anor-v-SSHSC-and-Anor.pdf
Key Points from the Judgment:
- Total Ban on Overseas Prescriptions: The Court upheld the emergency prohibition on the sale or supply of puberty blockers pursuant to overseas prescriptions issued after 3 June 2024. This measure addresses concerns about irresponsible prescribing practices by non-UK providers.
- Restrictions on Private UK Prescriptions: While private UK prescriptions are not banned, they are subject to stringent conditions to align with NHS policies.
- Protection for Ongoing Treatments: Adolescents who started puberty blocker treatments between 3 December 2023 and 3 June 2024 are allowed to continue their treatment, provided future prescriptions are issued by approved UK prescribers. This decision balances the need to protect young people from abrupt treatment cessation and the imperative to regulate ongoing care strictly.
- Findings of the Cass Review: The judgment highlights the Cass Review’s findings on the significant risks and limited benefits associated with puberty blockers.
- Urgency of the Order: The Court recognized the necessity of the emergency order to prevent serious health risks to children and young people from non-compliant overseas providers. The standard consultation procedure, which takes several months, was deemed insufficient to address the immediate threat.
- Future Care Provisions: The judgment acknowledges the need for additional support to help the cohort of adolescents currently undergoing treatment to access UK-registered healthcare services. NHS England and the Department for Health and Social Care are urged to ensure adequate resources and support are available.
Grounds of Challenge Addressed:
- Ground 1: Safety and Urgency: The Court affirmed that the emergency order was essential to protect the health of young people, based on the scientific evidence and recommendations from the Cass Review and UK professional bodies.
- Ground 2: Consultation Exemption: The Court validated the exemption from the standard consultation requirements under the emergency procedure, confirming no breach of legal duties.
- Ground 3: Procedural Rights: The absence of a consultation process did not violate the procedural rights of the claimants under Article 8 of the European Convention on Human Rights.
Conclusion:
Our Duty celebrates this judgment as a vital measure to protect vulnerable adolescents from the risks associated with puberty blockers. We commend the Court for its reasoned approach and its commitment to prioritising the safety and wellbeing of young people.
For more information, please contact Keith Jordan at Our Duty.
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Our Duty is dedicated to ensuring the health and safety of children and adolescents, supporting parents and advocating for evidence-based approaches in all aspects of healthcare and education.
