Helen Webberley

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Looks like Helem Webberley's substantive case has finally been listed for 26th July 2021

www.mpts-uk.org/hearings-and-decisions/medical-practitioners-tribunals/dr-helen-webberley-jul-21

The Wakefield comparison is spot on.

I agree with FannyCann, it is up to the practitioner to prove that they obtained Informed Consent.

This is based on over 30 yrs working in the NHS, having had similar training on the legal aspects of informed consent, duty of care and record keeping and having been involved in systematic audit of health care records.

No contemporaneous written record = it didn't happen.

This is not correct. The burden of proof lies with the GMC. The registrant doesn't have to prove anything. I work with one of the healthcare regulators (not MPTS) and poor record keeping is probably the most common allegation and the defence is nearly always "well it's my usual practice to do X I just failed to write it down". That's why you need to have witnesses to give evidence because otherwise you could prove all manner of failings from a crappy record.

www.mpts-uk.org/-/media/mpts-documents/part-8---resource-for-doctors-medical-practitioners-tribunals_pdf-76539886.pdf

"When stage one begins, you may already have admitted some of the facts. But this stage focuses on any facts that are still in dispute. The burden of proof lies with the GMC – this means that the GMC, which makes the allegation, has to prove that the facts supporting the allegation are true to the satisfaction of the medical practitioners tribunal. You do not have to prove anything."

Thinking about the Bell case, don’t you need informed consent?

Whether or not anyone believes it’s possible to obtain informed consent from a minor, the Gender GP website seems to openly advertise the fact that they aren’t interested in establishing whether customers are capable of consenting to drugs that have a permanent and serious side effects.

I can’t see how Webberley’s stated approach to consent can acceptable.

Can be acceptable.

@WarriorN

I'd have thought gaining written consent is safeguarding 101. At the very least to protect yourself. Not putting yourself in a situation where you could be accused of something is a safeguarding basic.

Which demonstrates wider lack of understanding about safeguarding.

with a view to realising my dream of working as a female therapist.

Choked on my tea there.

This is a male born trans woman who had an aim to counsel only women? Vulnerable women seeking counselling?

I didn't read it that way. I read it that they fantasised (dreamt) about being a female who offered therapy. MN forbids us mentioning possible motivations.

Reading that way Tib, reminds me of Barracker and pronouns.

No contemporaneous written record = it didn't happen.

And yes you do hear this said all the time in training courses etc. But in fitness to practise proceedings it is challengeable. Good article here...

www.2harecourt.com/training-and-knowledge/if-its-not-written-down-it-didnt-happen/

"Professional discipline proceedings very often raise the question: on what evidence can a tribunal infer that a particular omission was made. Allegations are often pleaded in the alternative, in the broad format, “did not do”/“did not record”. Very often the failure to do something is proved by the evidence of a patient, or perhaps by the evidence of some subsequent development in the patient’s condition that gives rise to an inference that the omission must have been made.

Some regulators, notably the General Dental Council and the Nursing and Midwifery Council, however, will take matters a step further. Cases are brought with regrettable frequency where the sole evidence is the clinical records. The regulator’s case is: it was not written down, so you can infer that it did not happen.

This is a line of reasoning that is eminently open to challenge. It is hardly necessary to point out that it is not for the professional to prove to the tribunal that he did do whatever is alleged. That would be a reversal of the burden of proof. The regulator must produce evidence as part of their case to satisfy the tribunal that the professional made the failing."

Webberley’s approach: ‘you know best what treatment you need’; seems to transfer responsibility for care from the doctor to the patient. Can that approach fit into the legal framework of medical ethics?

But record keeping is more than ability to offer proof. It is also necessary so the next clinician knows what went before. The first may well have done a thorough assessment, identified a comorbid issue or risk factor, and adjusted their care to reflect this. But if it is not written down then the next clinician may just see an incorrect or ineffective treatment and adjust it/offer an alternative at a review appointment having carefully read the notes and seeing no reason for the first decision.

She applauds the fact that a girl of 15 knows her mind about never wanting children. Conveniently, for the treatment prescribed, given it's affects.

@Tibtom

But record keeping is more than ability to offer proof. It is also necessary so the next clinician knows what went before. The first may well have done a thorough assessment, identified a comorbid issue or risk factor, and adjusted their care to reflect this. But if it is not written down then the next clinician may just see an incorrect or ineffective treatment and adjust it/offer an alternative at a review appointment having carefully read the notes and seeing no reason for the first decision.

Identified a comorbid condition or risk factor???

Even if notes were taken, it doesn’t seem as though these things would be a concern - then or now!

The regulator’s case is: it was not written down, so you can infer that it did not happen.

This is a line of reasoning that is eminently open to challenge. It is hardly necessary to point out that it is not for the professional to prove to the tribunal that he did do whatever is alleged. That would be a reversal of the burden of proof.

This is interesting. Could it be that there is a different standard for tribunals such as this as oppose to the civil courts? ie if a patient is suing their local trust for whatever reason, eg ending up with a colostomy after what should have been a straightforward laparoscopic sterilisation and saying no one told me this could happen therefore consent procedures weren't properly followed, that's good enough to sue for ££££ but for the tribunal the standard and burden of proof is different? I know that for criminal cases where someone doesn't get satisfaction in the criminal courts they may successfully sue an assailant for instance (wasn't OH Simpson successfully sued by Nicole Brown's family?).

She applauds the fact that a girl of 15 knows her mind about never wanting children. Conveniently, for the treatment prescribed, given it's affects.

From the Telegraph report it sounds as though you’d get more push back from a responsible tattoo artist asked to tattoo the name of a first romantic interest.

I'm seeing a strange dichotomy in the number of menopausal women who aren't being allowed low prescription testosterone for extremely debilitating meno symptoms, or at the least jumping through hoops, and merry handing out like sweets to young girls who are still 6 years off being fully grown.

@WarriorN

I'm seeing a strange dichotomy in the number of menopausal women who aren't being allowed low prescription testosterone for extremely debilitating meno symptoms, or at the least jumping through hoops, and merry handing out like sweets to young girls who are still 6 years off being fully grown.

I am sure Webberley would be happy to sell testosterone to menopausal women.

Undoubtedly

This is interesting. Could it be that there is a different standard for tribunals such as this as oppose to the civil courts? ie if a patient is suing their local trust for whatever reason, eg ending up with a colostomy after what should have been a straightforward laparoscopic sterilisation and saying no one told me this could happen therefore consent procedures weren't properly followed, that's good enough to sue for ££££ but for the tribunal the standard and burden of proof is different?

I suppose in this scenario you have a harmed patient giving evidence that they were not informed of the risks of the procedure so not a case of "no notes = it didn't happen" with no other evidence to back it up.

inews by By Jasmine Andersson

‘If I had stopped running my gender clinic 2,000 patients would have nowhere to go,’ says doctor on tribunal

EXCLUSIVE ‘At last I will get a chance to explain why I broke the law,’ Dr Helen Webberley said
(extract)
"A doctor treating young transgender people at an unlicensed private clinic said more than 2,000 patients would have had “nowhere to go” if she stopped running the service. (continues)

Her and her partner and fellow practitioner, Dr Mike Webberley, relocated GenderGP to a new base in Malaga, Spain in 2019 so they could provide puberty blockers and hormone treatment for gender-diverse patients. GenderGP ownership has since passed to Hong Kong based Harland International.

The hearing will assess if Dr Webberley continued “carrying on or managing an independent medical agency without being registered under the Care Standards Act 2000.”

Ahead of the tribunal, the doctor told i “at last I will get a chance to explain why I broke the law.”

The doctor says without her services and NHS waiting lists for trans people at a record high, some desperate under 18s are sourcing and administering hormones bought on the black market.

The doctor said: “When I was told by the health inspectorate to stop running GenderGP, by that time, I had 2,000 patients. That would be 2,000 patients with nowhere to go.

“I explained that to the Health Inspectorate, but they didn’t care. I saw people suffering. I just had to do what was right.

“We’re not suggesting treatment for young people. What we’re doing is we’re having ^young people people6 saying ‘please, please, please can I have this?'”

Dr Webberley said: “Any doctor fears the fallout of patients not getting the care they need, and the risk of stress, anxiety, depression, self-harm and suicide.

“Like any doctor, I’m providing the best care I possibly can, to the best of my ability at any given moment. I’m left making some hard decisions. Some of this trial will be based on whether I made the right decision for those patients on that day.

“I have 300 patients who have provided testimony on their care under GenderGP, and how it has changed their lives for the better.”
The doctor added the tribunal brings about a bigger question on “what is the right approach to transgender healthcare for younger people.” (continues)
inews.co.uk/news/health/gender-clinic-patients-tribunal-gendergp-doctor-helen-webberley-nhs-1121007

Helen Webberley /Gender GP customers wanting puberty blocking drugs are all parents/guardians of children or the children themselves.

If I had stopped running my gender clinic 2,000 patients customers would have nowhere to go bought drugs elsewhere.

“We’re not suggesting treatment for young people. What we’re doing is we’re having ^young people people6 saying ‘please, please, please can I have this?'”

I don't think it's unfair to suggest that she is talking about customers, not patients.

The doctor says without her services and NHS waiting lists for trans people at a record high, some desperate under 18s are sourcing and administering hormones bought on the black market.

And the service she provides is different to the black market because?

(Again, thinking about the Telegraph reporting).

Counselling Directory:

Marianne Oakes Counselling
"About us
My name is Marianne Oakes and I am a qualified Person Centred counsellor offering support to adults, young people, loved ones and families whatever the issues and concerns might be. I work face to face and online via video calling plus telephone. I specialise in working with the LGBTQA+ community and their allies and am qualified in Gender, Sexuality and Relationship Diversity and so I have a deep understanding of the complexities associated with all these areas of life. (continues)

If your relationship is affected by any of the above, I work with couples helping you to navigate the uncharted waters you might be facing, again, you are not alone, please email me and we can set up an appointment for you.

Finally, the areas outlined above include, Transgender, Gay, Lesbian and Bisexuality, sexuality, Kink, Polyamory, adults and young people all ages and generations. (continues)

Training, qualifications & experience
I trained at the Manchester college for 5 years qualifying with a Diploma in Person Centred Therapeutic Counselling and I have recently completed a Post Graduate Diploma in working with Gender Sexuality Diverse Relationships(GSDR) with Pink Therapy.

I have worked as a volunteer for Mind and Beacon Counselling in Stockport where I have been privileged to work with clients from all walks of life with issues from minor mental health concerns to severe depression and everything in between. I am now the Lead Counsellor for Gender GP and work with Dr Webberley.

Member organisations *
BACP
www.counselling-directory.org.uk/counsellors/marianne-oakes-counselling

"I trained at the Manchester college for 5 years"

Manchester College (FE)
Diploma Therapeutic Counselling
level 4, 2 years part time course
To be eligible for this course you will need to have previously completed a Level 3 Certificate in Counselling Skills.
Students will also complete a 100-hour placement as required in all professional counselling training and will undertake casework supervision with a supervisor provided by the college.
Mind and Beacon Counselling?
www.tmc.ac.uk/courses/therapeutic-counselling

Certificate in Counselling Skills
level 3, 1 year part time course
To be eligible for this course you will need to have previously completed a Level 2 Certificate in Counselling Concepts.
www.tmc.ac.uk/courses/counselling-skills

As an adult learner with few qualifcations, Oakes may have taken basic skills/access course/s prior to the Level 2 certificate to make up the five years' attendance.

I have recently completed a Post Graduate Diploma in working with Gender Sexuality Diverse Relationships(GSDR) with Pink Therapy.
Pink Therapy

Foundation Certificate in Gender, Sexual and Relationship Diversity Therapy
Course Category: One year programme
"If you’re keen to position yourself as a GSRD specialist, there will be an option to progress to the second year of study that will extend your knowledge and skills to Diploma level.

The one-year Foundation Certificate has been designed as an entry-level training solution delivered by a range of leaders and international experts in the field of Gender, Sexual; and Relationship Diversity. (continues)

Entry Requirements & Awards – As this is a post-graduate training, it is open to participants who have already satisfactorily completed a basic training to the equivalent of a Diploma in Counselling or Psychotherapy, Counselling Psychology or Clinical Psychology or Psychiatry. We will consider applications from qualified allied health professionals involved in providing counselling support and advisory work (e.g., nurses, health advisors, social workers, occupational therapists, youth and community workers etc*). This is not a training in Therapeutic Counselling or Psychotherapy.

www.pinktherapy.com/Training/tabid/82/ctl/ViewCourse/mid/422/CourseId/119/language/en-GB/Default.aspx

The doctor says without her services and NHS waiting lists for trans people at a record high, some desperate under 18s are sourcing and administering hormones bought on the black market.

In April 2018 Dr Helen Webberley signposted children reading her blog to the fact that buying/intention to purchase black market hormones was one of the criteria to demand /justify provision of a bridging prescription from a GP.

archive.fo/IhsKq

All that education and still can't spell 'lose'. However, that is quite common.

In April 2018 Dr Helen Webberley signposted children reading her blog to the fact that buying/intention to purchase black market hormones was one of the criteria to demand /justify provision of a bridging prescription from a GP.

Amazing how that wouldn't work for teenagers who wanted to source T for bodybuilding. Or middle-aged people who are desperate for thyroid medications.