Good Law Project & Various v NHS England & NHS Trusts
Six claimants bring a judicial review against NHS
In December 2021, The Good Law Project (GLP) alongside 2 adults, 2 children and 'trans led charity' Gendered Intelligence, applied for a judicial review on six Grounds, against NHS England, and several of its Trusts.
Within these Grounds, the claimants argue that the NHS and the Trusts discriminate against children and adults who access gender identity/dysphoria clinics with long waiting times to begin medicalisation, and don’t provide access to puberty blockers for children before they begin puberty.
In Ground 5, they also argue it's unlawful that NHS requires both the child and their parents to consent to 'puberty-delaying treatment'.
In May 2022, Mr Justice Choudhury granted the application, and considered Grounds 1-4 and 6 to 'cross the low threshold of arguability and should be permitted to proceed', but stated that Ground 5 was 'actually a matter of safeguarding [though was] at least arguable'.
More information on the case put forward by Good Law Project can be found at their Crowd Funder page.
Good Law Project have instructed David Lock KC, Jason Pobjoy and Rook Irwin Sweeney to represent claimants.
The Judicial Review will take place over 1.5 days on 29th and 30th November 2022, at the High Court in London, before Mr Justice Chamberlain, and also available via remote access.
Update 16 January 2023: The High Court rejected GLP’s attempt to challenge NHS waiting times. The judgement can be found here. GLP are seeking permission from the Court of Appeal to try and overturn this decision.
Update 21st February 2023: GLP’s request to appeal has been granted.
Good Law Project, Joylon Maugham
Expert Witness statement from Dr. Michael Toze
Live Tweet sessions
29 November 2022 morning session - David Lock KC, counsel for GLP, began his submissions
29 November 2022 afternoon session - David Lock KC concludes his submissions and Eleanor Grey KC, counsel for NHS & Trusts begins.
30 November 2022 morning/last session - Eleanor Grey KC concludes her submissions and David Lock KC has right of reply
J - Judge Mr. Justice Chamberlain
C1 (a child, represented by father)
C2 (a child, represented by mother)
C3 - Alexander Harvey
C4 - Eva Echo
C5 - Gendered Intelligence, a 'trans led' charity
C6 - Good Law Project Ltd
DL - David Lock KC, counsel of GLP
NHS - NHS ENGLAND
R1 or Tavi - Tavistock & Portman NHS Foundation Trust
R2 - University College London Hospitals NHS Foundation Trust,
R3 - Leeds Teaching Hospitals NHS Foundation Trust,
R4 - Devon Partnership NHS Trust
EG - Eleanor Grey KC, counsel for NHS
GIDS - Gender Identity Development Services (service for children)
GDC - Gender Dysphoria Clinic (previously GIC - Gender Identity Clinic)
GI - Gender Identity
GD - Gender Dysphoria
GIcon/GIncon - Gender Incongruence
TG - Transgender
GNC - Gender non-conforming
PC - Protected Characteristic
EA10 - Equality Act 2010
WPATH - World Professional Association for Transgender Health
Here are links to a selection of relevant press coverage about this case. These links are included without comment and are not endorsed by Tribunal Tweets. This is a sample of coverage only, with most recent first - it is not comprehensive. Please DM our main Twitter account to submit coverage from an established news outlet. Any paywalled article must be archived.
16 Jan 2023
BBC -Transgender people lose NHS waiting times High Court case
2 Dec 2022
Birmingham Mail - NHS 'breaking law over life-threatening' wait times for trans healthcare, court hears
30 Nov 2022
The Law Society Gazette - Court to decide if NHS waiting time pledge is legal obligation
29 Nov 2022
Pa Media - NHS England ‘failing to ensure people with gender dysphoria seen in 18 weeks’
The Guardian - NHS England waiting times for gender dysphoria patients unlawful, court hears