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Feminism: Sex and gender discussions

Good Law Project files for judicial review of NHS England

105 replies

PurgatoryOfPotholes · 22/12/2021 07:48

The statement from the GLP website is as follows.

Back in October, we told you we were preparing to issue proceedings against NHS England over its long-standing, lengthy and unlawful delays to meeting trans people’s healthcare needs.

Less than two months later, we are now filing our claim for Judicial Review. In that time, the shape of the case has changed slightly, so we wanted to tell you what’s new.

We’re bringing this claim against the NHS alongside two adult claimants, two child claimants and trans-led grassroots charityGendered Intelligence.The claim now focuses on six key problems with NHS trans healthcare provision. We argue:

1. NHS England has failed, under regulation 45(3) of the 2012 Regulations, to ensure that 92 per cent of trans patients who are referred for medical treatment begin that treatment within 18 weeks of referral.

2. NHS England has failed, under section 3B of the National Health Service Act 2006, to provide services for children needing puberty blockers that they can access before starting puberty.

3. NHS England have failed, under the NHS Constitution, to uphold the rights of adult patients with gender dysphoria to begin treatment within 18 weeks of referral.

4. NHS England has unlawfully discriminated against trans people because waiting times for gender identity services are longer than for the vast majority of other healthcare services.

5. NHS England’s decision to introduce and maintain a ‘Multi-Professional Review Group’ as part of puberty-delaying treatment for trans children is unlawfully directly or indirectly discriminatory. We also think the Service Specification unlawfully requires both the child and their parents to consent to treatment, contrary to the principles established in GillickandAB v CD.

6. NHS England has failed to comply with its public sector equality duty to ensure trans people can access acute services by setting up the Multi-Professional Review Group for trans children and in the arrangements it makes with providers.

Eva Echo, one of the adult claimants in this case, explains the impact of waiting so long for treatment. “I would describe being on the waiting list as torture, and there were times when I felt that I may not even be alive long enough to receive my first appointment. Being on the waiting list was no comfort; I desperately needed help.

“My mental health was worse than it had ever been; coming out had allowed me to recognise my gender dysphoria, but I was left completely alone to manage it. I felt, and still feel, completely let down by the system that I thought was there to save me.”

For too long, the NHS has failed to prioritise trans healthcare. We, alongside many affected individuals, medical professionals, families and campaigners for trans rights, believe the current system is not fit for purpose. The available services simply aren’t meeting the needs of the people they should be helping. Too many trans people have died waiting for the treatment they were entitled to. Many more suffer in ways that are entirely preventable. The bottom line is that trans people have a right to access essential care, just like everyone else.

OP posts:
EndoplasmicReticulum · 22/12/2021 08:08

Do donors to the Good Law Project know what their money is being used for? I couldn't work it out from the website. For example if I donated because I supported one of their other cases e.g. climate change, does my money go towards that in particular or just into a big pot that they can then use for this?

WorkingItOutAsIGo · 22/12/2021 08:03

If it’s a medical issue then it should be treated as such in all ways. Medical definitions, in the DSM, medical review needed for GRA etc etc. And actually, pandemic or not, they are right to ask for NHS standards to be upheld.

I assume they are about to do the same for CAHMS referrals as well for example? If not, why not?

eurochick · 22/12/2021 07:57

Read the room guys. There is a pandemic on. People are missing cancer care and care for other life threatening conditions. I imagine this will go down like a lead balloon.

RepentBirthingPersonFucker · 22/12/2021 07:50

But it's not an physical or MH condition so why should the NHS be involved at allHmm

PersonaNonGarter · 22/12/2021 07:50

Pandemic and other life threatening illness. You know, those things that don’t respond well to ‘wait and see’.

I just cannot

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