Banning puberty blockers for kids is lawful, UK High Court rules
The High Court of England and Wales has affirmed the legality of a ban on puberty blockers for children under 18, initially introduced by the previous Tory government and potentially to be made permanent under the current Labour government.
The measure was passed in May and went into effect in June using emergency legislation following the release of the Cass Review commissioned by the National Health Service in 2020 amid an exponential rise in children being referred to gender clinics.
In light of the review, the NHS also instructed gender clinics to pause all first appointments for those younger than 18 suffering from gender dysphoria. Private prescribers are prohibited from prescribing puberty blockers to minors outside of clinical trial settings.
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The policy was challenged by the campaign group TransActual and an anonymous young person, who argued the measure didn't meet the required legal tests and the government didn't consult transgender organizations.
Justice Beverley Lang dismissed the legal challenge concerning the lawfulness of the emergency procedure. Lang concluded that the ministers' judgment in the face of "scientific uncertainty" was rational and there is an "exemption from the consultation requirements" when the emergency procedure is followed, saying that "a duty to consult cannot be implied."
"In my judgment, the Cass Review's findings about the very substantial risks and very narrow benefits associated with the use of puberty blockers, and the recommendation that in future the NHS prescribing of puberty blockers to children and young people should only take place in a clinical trial, and not routinely, amounted to powerful scientific evidence in support of restrictions on the supply of puberty blockers on the grounds that they were potentially harmful," wrote Lang.
The judge also dismissed TransActual's claim that the policy violates Article 8 of the European Convention on Human Rights, which protects the right to privacy, family life, home and correspondence, saying that "limitations on the supply of puberty blockers do not breach any substantive or procedural rights under Article 8."
The policy was implemented by the previous Conservative government just over a month before the newly elected Labour government took office. The judgment supports the Labour government's intention to consider making the policy permanent, The Times noted.
An independent review led by Hilary Cass, a retired pediatrician and past president of the Royal College of Paediatrics and Child Health, recommended that puberty blockers be available only through a clinical research program, a system that has not yet been established.
TransActual's response to the ruling was one of disappointment, citing a perceived failure of the medical establishment to adequately address their needs. The organization is considering an appeal, pending further legal advice.
In her review report released in April, Cass called the quality of studies showing the use of puberty blockers to reduce mental distress for children with gender dysphoria "poor" and wrote that there is "no good evidence on the long-term outcomes of interventions to manage gender-related distress."
"There should be a clear clinical rationale for providing hormones at this stage rather than waiting until an individual reaches 18," Cass' report adds.
