Good Law Project files for judicial review of NHS England

[PurgatoryOfPotholes]

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.

The further I look into this the more horrified I am at what is happening to children and young people. Its unforgivable. I'm glad we have a NHS where at least there are some checks and balances and treatment takes time. I would hate for us to turn into the Wild West that is the US at the moment.

A reckoning will come, I just hope the people pushing this get their just desserts. doubt it though

a trauma-informed model of mental health care, and ongoing discourse pertaining to the effects of unresolved trauma and loss need to be part of all gender dysphoria clinics and the services

But women's rape crisis services and refuge have just been told by the political lobby that no, they can't have this and they just need to reframe their trauma.

Was this a tone deaf piece of cruelty, or was this meant? Because frankly if raped women can be told to reframe their trauma by this political movement, then they can lead by example.

As an aside, the fox killer and Mermaids are taking LGB Alliance to court as well goodlawproject.org/update/lgba-charity-status-tribunal/

The "Good" in the Good Law Project is beginning to seem a bit of a stretch

So all the women with overly large breasts that have asked for breast reduction and been knocked back can now say they "feel" like a man and get swift treatment.

I wonder....?

@ItsAllGoingToBeFine

As an aside, the fox killer and Mermaids are taking LGB Alliance to court as well goodlawproject.org/update/lgba-charity-status-tribunal/

The "Good" in the Good Law Project is beginning to seem a bit of a stretch

On the subject of that, here is Mermaids' statement about that, placed on the website today.

statement

The Tribunal has agreed to hear our arguments as to why the LGB so-called Alliance (LGBA) should not have been given charitable status. This means we, as the main claimant in the case, will have the opportunity to present the full facts as to why LGBA’s activities are not those of a charity. The hearing will take place in May 2022. [bold mine]

The LGBA wanted a separate hearing to determine whether or not we had what’s called “legal standing” – whether we could bring the claim at all. We believe they wanted to close the conversation without having to properly explain themselves. We said that this would only have duplicated work in the long-run, and the Tribunal agreed. The LGBA will still get to argue that our claim lacks standing, but only as part of the wider hearing.

To be registered as a charity, an organisation must be established exclusively for purposes which the law recognises as charitable, and it must pursue them in a way which gives rise to tangible benefits that outweigh any associated harms. We don’t believe that the legal threshold has been met.

We welcome a full hearing. A spokesperson for Mermaids said: “We are pleased that the Tribunal has made the decision that there will be one hearing that deals with everything. We look forward to the hearing where the LGB Alliance will have to explain themselves. [bold mine]

“To be registered as a charity, an organisation must be established exclusively for charitable purposes. LGB Alliance does not stand for LGB rights, but exists to divide our community and denigrate trans people and those who support them.”

From

mermaidsuk.org.uk/news/lgb-alliance-charity-status-hearing/

They plan to just keep coming back and coming back with the same old lies.

The LGB have not 'split' Stonewall's community, they left Stonewall. Because they have a very major problem with the homophobia. And the expectation that LGBT+ must be about TQ and nothing else at all times.

This is getting like some mad ex on the relationships board in endless attempts to punish a partner for leaving him.

There's a much bigger crisis and longer waiting times for autism and ADHD referrals - could they look at these first?

In some GIDS type training at work, I mentioned that waiting could be a good thing, citing that anecdotally several girls had detransitioned during lockdown (away from peer pressure). I was scolded not to refer to "transition" or "detransition" as it's a continuum, gender can be fluid, we don't see it that way etc etc

It's so incoherent. If we're not allowed to talk about transition and detransition, why are they doing surgeries??

The Good Law Project have applied for a Judicial Review, can it be turned down?

My dad had open heart surgery in September and should have had a follow-up,appointment 3 months after. He's got an appointment in February. He's also on medication to prevent his prostate cancer from growing and needs monthly blood tests. This has been thrown into disarray. All due to COVID.

DH displaced his knee cap earlier this year. Specialist discharged him saying, just keep going with the physio. Physio abruptly discharged him, citing COVID as a reason. No support offered to continue the exercises at home, no Zoom sessions, nothing. DH is now following a similar physio plan he found on YouTube.

So forgive me if I want to the the GLP to fuck right off.

Reading the Mermaids statement I really am fibfing their arrogance astonishing.

I just do not get it. Gay people want a charity that supports and advocates for them - go to LGBA.

Trans people want support and advocacy, gay people want a trans inclusive service, go to Stonewall.

Why can't they both exist?

I was scolded not to refer to "transition" or "detransition" as it's a continuum, gender can be fluid, we don't see it that way etc etc

Aaargh, how infuriating. “Gender is fluid” undermines everything else they argue and campaign for. I guess all the contradictions have the effect of always giving them an opportunity to put someone who dares to question them in the wrong, like they did to you. But I think they are going to find diminishing returns with that tactic.

“The Tribunal has agreed to hear our arguments as to why the LGB so-called Alliance (LGBA) should not have been given charitable status.”

purgatory not that I doubted you, but I DID go and check this against the original statement.

How professional is that? How does this charity expect to be taken seriously if it keeps making statements in the tone of a petulant child? Blimey. When will the adults enter the building?

Quite frankly, if anyone else had posted that statement, I would have gone and double-checked too.

My eyes nearly rolled out of my head!

archive.ph/yNR05

Archive there just in case

StellaAndCrow
“ I was scolded not to refer to "transition" or "detransition" as it's a continuum, gender can be fluid, we don't see it that way etc etc“

In that case it seems all the more important not to fix gender at some arbitrary (non flowing) point with hormones or surgery.

@rabbitwoman

Reading the Mermaids statement I really am fibfing their arrogance astonishing.

I just do not get it. Gay people want a charity that supports and advocates for them - go to LGBA.

Trans people want support and advocacy, gay people want a trans inclusive service, go to Stonewall.

Why can't they both exist?

Honestly?

Because to have another LGB voice in the market place, one that is not fully controlled by and compliant with Stonewall et al and which stops Stonewall being the only mouthpiece of LGBT+ (which is in fact entirely TQ politics) is extremely damaging to Stonewall's control of the narrative and the achievement of the TQ political agenda.

That's why the increasingly desperate attempts to bring it down.

Stonewall are finished.

They’ve played they hand extremely badly.

I’m not sure who they represent anymore, apart from themselves and a few very vocal men.

There are many Trans folk who are horrified at the tone and direction being pushed.

All strength to LGB Alliance.

The more varied voices make themselves heard and understood should drown out the extremists.

I mean, what could Marmaids possibly be afraid of? If they have right on their side?

I had marmite on my mind for some reason

Is this something that happens often? A charity taking another charity to court because they don't like what the other charity does?

@Artichokeleaves

They plan to just keep coming back and coming back with the same old lies.

The LGB have not 'split' Stonewall's community, they left Stonewall. Because they have a very major problem with the homophobia. And the expectation that LGBT+ must be about TQ and nothing else at all times.

This is getting like some mad ex on the relationships board in endless attempts to punish a partner for leaving him.

I can't understand how mermaids and Stonewall are perfectly happy to allow the LGB alliance to have on record what they view as the definition of homosexuality.

Surely it's got to be noted that mermaids and Stonewall believe that homosexuality is not based on biological sex. That's rank homophobia right there. A charity fighting for the rights of lesbians, gay people and bisexual people, would absolutely be within their rights to maintain the aim of fighting that sort of homophobia.

Let's have it.

There's a significant risk here for the GLP cause. In the Keira Bell case at the High Court level the most stunning thing, apart from the decision, was that there were no solid evidence base for the treatment of giving puberty blockers to children identifying as trans.

The Keira Bell case was overturned at the Court of Appeal level but this wasn't about the evidence base. As I recall it, that decision seemed to be saying that what the High Court had decided wasn't actually a matter for the courts to resolve and instead what was required for the medical establishment to get a grip of what they are doing.

It seems to me that getting the High Court to find that puberty blockers need to be even more freely available than they were would be likely to bring into play the damning evidence already generated and considered in an adjacent court and not found to be incorrect by a higher court.

@Helleofabore

“The Tribunal has agreed to hear our arguments as to why the LGB so-called Alliance (LGBA) should not have been given charitable status.”

purgatory not that I doubted you, but I DID go and check this against the original statement.

How professional is that? How does this charity expect to be taken seriously if it keeps making statements in the tone of a petulant child? Blimey. When will the adults enter the building?

You must have missed their "its was not a database with personal data of a child, .. its transphobia to say that... ... well it was a database, but no child's data was... .... transphobic claim.... ..... Well yes it was a database and child a data but it was not our fault ....

There is a massive case due to be heard in January about Northern Ireland waiting lists, so maybe the Good law project is hoping to jump off that.The difference is, in the NI case the waiting list problem is across the board: 17k children with cancer waited for more than a year to see a specialist, a woman waited 3 and a half years to see a neurologist to get an MS diagnosis, another woman was told it was a four year wait to get cataracts removed and she went private so she didn't go blind. The big question in this case is going to be whether this is a question for the court or an essentially political matter.

@PurgatoryOfPotholes

I am absolutely bewildered by this claim. I am certain he was saying we should trust the doctors a while back.

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

Now that the NHS has decided that you need input from all the relevant specialisms, and that maybe psychologists don't know how inhibiting physical maturation with medication will impact patients' bone density in 10 years' time, he's totally against trusting doctors. Huh?

This is an astonishing complaint. I can't imagine any other speciality campaigning AGAINST having MDT discussions. Just . . . almost unbelievable. Like they actively don't want best practice guidelines followed.