An NHS trust has won a Court of Appeal bid to overturn a landmark ruling over the use of puberty-blocking drugs for children with gender dysphoria.
The Tavistock and Portman NHS Foundation Trust brought an appeal against the High Court’s decision last year, which ruled it was “highly likely” those aged 13 or under would be able to consent to hormone-blocking treatment.
Its ruling also stated the court was “very doubtful” children aged 14 or 15 would understand the long term consequences associated with the treatment.
The NHS trust, which runs the only gender identity development service for children in the UK, appealed against the decision in June.
On Friday, the Court of Appeal deemed it was inappropriate for the High Court to give the guidance, saying it is up to doctors to make a judgement about whether their patients are able to properly consent.
Lord Chief Justice Lord Burnett, with Sir Geoffrey Vos and Lady Justice King, said: “The court was not in a position to generalise about the capability of persons of different ages to understand what is necessary for them to be competent to consent to the administration of puberty blockers.”
They added that the court’s decision placed patients, parents and clinicians in a “very difficult position”.
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The original case was brought by Keira Bell – a 24-year-old woman who began taking puberty blockers when she was 16 before later “detransitioning” – and the mother of a teenager who is on the waiting list for treatment.
Keira Bell said the care she received for gender dysphoria, a condition where a person experiences distress due to a mismatch between their biological sex and their gender identity, steered her towards medical treatment.