This petition is in response to the gender and age based discrimination of the High Court following its ruling on puberty blockers involving the Tavistock and Portman NHS Trusts’ Gender Identity Development Service (GIDS), without consulting LGBT+ or transgender charities, nor from the international medical community, regarding the evidence for puberty blockers. Although reference was made on the possible negative effect of prescribing puberty blockers, little was made on the life-long effect of not being treated with puberty blockers, or the documented positive effects of puberty blockers. The Court should weigh up and consider what is a better outcome: enduring puberty in birth assigned gender or enduring induced puberty in line with their gender identity. The Court in their judgement also appeared to falsely equated puberty blockers with (in their language) cross sex hormones.

We find the overall ruling troubling as it puts young trans people's healthcare in the hands of unqualified judges instead of being informed by doctors, the individual, and their parents /carers, rendering the ruling a failure to protect trans people from harm.

In addition, the ruling opposes Gillick competence, which allows young people who have sufficient understanding to give consent for medical treatments,  such as abortion and contraception. Furthermore, the ruling seems to create a special and discriminatory rule that excludes young trans people from Gillick competence.

We agree with Amnesty International UK and Liberty[1]; as well as LGBT+ charities such as Stonewall[2]; this ruling sets a dangerous precedent that could see the rollback of the rights of people under 16.

This ruling has led to Gender Identity Development Service (GIDS) now referring every single case to the courts, as this appears not to be the intent of the ruling, is likely to cause substantial delays to an already overwhelmed system, and is likely to cause major disruption to the lives of those currently receiving care. Adding extra barriers to a service, which already has a waiting list, until a first appointment, approaching four years long[3], will mean many more young trans people will go without the care that they vitally need.

We are launching this petition calling for:

• NHS England and GIDS to delay any implementation, and interpretation of the ruling based on the said ruling being subject to judicial review. In view of the fact that NHS England and GIDS are appealing the order and as such implementation isn’t required by the courts until after the appeal[4].

• A more balanced and holistic review in the appeal. This could be achieved in the following ways:

  • The appeal to involve consultation of LGBT+ and transgender charities, and the international medical community, as this was not the case with the original ruling.

  • The Tavistock to do a review of their case files to provide to the court.

  • The appeal to fully consider the mental and physical effects of both prescribing, as well as not prescribing, PBs and CSH.

  • The appeal to fully consider the consequences when trans children & young people are left unsupported by their parents/carers.

  • The appeal to fully consider the differences in the working practices of The Tavistock in comparison with health care providers who follow common international guidance, such as WPATH, in terms of their treatment of trans youth.

Our Full Statement: https://lgbtiqa.greenparty.org.uk/2021/01/09/lgbtiqa-greens-statement-on-the-high-court-puberty-blockers-ruling/

References:

[1] https://www.amnesty.org.uk/press-releases/amnesty-international-uk-and-liberty-joint-statement-puberty-blockers

[2] https://www.stonewall.org.uk/about-us/news/stonewall-statement-high-court-puberty-blockers-ruling

[3] https://www.pinknews.co.uk/2020/11/23/trans-teen-nhs-gender-clinic-legal-challenge-good-law-project/

[4] https://mermaidsuk.org.uk/news/luis-hormone-blockers-qa-for-trans-young-people/