Good Law Project & Various v NHS England & NHS Trusts

Six claimants bring a judicial review against NHS

Nov 28, 2022

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.

Status

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.

Witness evidence

Claimants

Gendered Intelligence

Eva Echo

Alexander Harvey

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

Abbreviations

J - Judge Mr. Justice Chamberlain

Claimants:

Two children:

C1 (a child, represented by father)

C2 (a child, represented by mother)

Two adults:

C3 - Alexander Harvey

C4 - Eva Echo

Organisations

C5 - Gendered Intelligence, a 'trans led' charity

C6 - Good Law Project Ltd

DL - David Lock KC, counsel of GLP

Respondents

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

Other

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

Press coverage

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