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.

@NancyDrawed

"Too many trans people have died waiting for the treatment they were entitled to"

I am past reading something like the above and just accepting it as fact.

How many trans people have died waiting for treatment? What was the cause of death? If these people were driven to suicide, that is clearly a mental health crisis that needs addressing before anything else can be considered, surely?

Yes, and if people are so fragile that they're on the verge of killing themselves, that doesn't seem like a good time to be doing major surgery/hormone treatment.

@Datun

Yeah, reading the room isn't really a TRA forte. And asking Maugham to represent you is a prime example.

No media outlet is sympathetic to him. And demanding speshul treatment from an NHS on its knees isn't going to improve the TRA PR.

Still, its useful for Maugham to be so open about 'services for children needing puberty blockers that they can access before starting puberty.'

Always happy to give that as much media spotlight as possible.

Yes. I mean, when your legal representative is a person who Jacob Rees-Twat openly laughs at in Parliament maybe it's better to change horses?

@TheWeeDonkey

Too many cancer patients have seen their illness become terminal while waiting for treatment during the pandemic FFS

It's NHS Scotland rather than England but my husband was told 77 weeks to see a consultant about his cataracts- that is to see the consultant, not have an operation. Thankfully he has BUPA cover - took 8 weeks from contacting them to having the operation done.

@ArabellaScott

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

Well, for example and with no disrespect to either organisation - they each have their respective agendas- but I'm not aware of The Countryside Alliance (which, amongst other aims , supports shooting game) seeking to close down The League Against Cruel Sports (which opposes shooting) or vice versa.

There must be one, and only one, state-appointed entity in each domain whether it's commerce, charity work, media, or whatever.

Rings a bell, can't quite put my finger on it ...

Yes. I mean, when your legal representative is a person who Jacob Rees-Twat openly laughs at in Parliament maybe it's better to change horses?
Jacob Rees-twat also mocks anyone earning under the average income so JM is actually in good company on that one point!

"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."

Really have they seen the state of CAMHS and the wait times for adult ADHD and autism diagnosis and treatment?

Some areas don't even have a service. Suicidal children are being turned down by CAMHS. Wait times for adult ADHD assessment in my area is 2-3 years.

And as others have said we are in a pandemic and have a crippled NHS at the moment. Read the fucking room.

My Nan had a suspected stroke tonight and waited 1.5 hours for an ambulance. On her own. Sorry but they can fuck off.

I have a neurological condition that is, thankfully, mild, but that informs every single area of my life, albeit in subtle ways.

From the first time I went to the doctors with symptoms to eventually being referred for tests = 23 YEARS.....

from having tests to just getting the results = 7 months.

From getting the results to getting a consultant appointment for medication = 3 further months.

...... and, by the way, STILL no co concrete diagnosis.....

Where's my judicial review?

The NHS are in an interesting position. Their best counter to the judicial review would be based on the uncertainties of the outcomes from giving puberty blockers to the relevant cohort because of the rubbish evidence base, but if they do this, then they could be making admissions that could be used by damaged young people seeking damages. Also, while this could be limited merely to a cost in terms of money for the NHS, some of the other parties to the judicial review have far more to lose, they're led by people whose reputations could be ruined.

I use to support the Good law project. No more now.

My friend has nerve damage. 6 months waiting list to see a neurologist. It’s standard. Not good but it’s not discriminatory against transgender people .

As others have said try and get any kind of Autism diagnosis or actually once diagnosed any kind of support.

Or even worse what happened to my friend be told you need specific MH support as your response to repeated trauma is unsurprisingly to be on the edge of a MH crisis and you are to unwell for the usual support so instead need specialist care. But the specialist care is not available for 6 months but you aren't allowed to see anyone in the meantime as you are too Ill.

I hope they are made mincemeat of.

Judicial reviews seem to be increasingly used as a means of pressure groups influencing policy. And they can cost a small fortune.

As for this review, at the moment... FFS. I know - well, knew - someone who had to wait THREE MONTHS for a face-to-face GP appointment after his first symptoms (some quite severe) of what turned out to be cancer. He quite probably lost several months of life, and he certainly suffered a lot of ill-managed pain, because of the bloody pandemic. He died 2 months after he was finally seen.

So people whining that they're not being given what they want the second they want it can fuck off, frankly.

But even IF there wasn’t a pandemic, and even IF the NHS wasn’t on its knees (when is it not?) it would still be a bonkers idea to try and claim that the NHS is denying children treatment that the NHS and NICE have clearly determined lacks evidence.

“You say it doesn’t work, but give it kids anyway!” doesn’t strike me as solid legal ground. Aren’t lawyers supposed to help their clients meet an achievable outcome, not necessarily the one they want?

Honestly, I cannot fathom it. They are going to pursue a review that will outline the case against them and the damage done to children even further.

I understand breast reconstruction surgery for breast cancer patients is now severely limited thanks to the pandemic. These operations can take seven or more hours so basically a whole theatre day for one operation so one can see how the service may prefer to prioritise initial surgeries - a list of wide local excision/mastectomy can mean half a dozen or so operators in a day.

I hope this gets kicked out of court. I'm disgusted with the fox killer. Still, that reminds me. There should be plenty of good Jones on Twitter on Boxing Day. People have long memories.

breastcancernow.org/about-us/media/press-releases/over-1500-breast-cancer-patients-facing-%E2%80%9Cmany-months-possibly-years%E2%80%9D-without-reconstruction-amid-delays-surgery-following-pandemic

That's operations not operators

@RepentBirthingPersonFucker

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

Quite, at what age does it cease to be medical and move onto self Id, no medication needed thanks?

@VestofAbsurdity

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

Yes it can. It's actually extremely hard to get permission to proceed with a judicial review or see one through to the end. About 5% of cases reach full hearing. It's also important to note that judicial reviews are only looking at the lawfulness/procedural fairness of a decision that has been made. They don't consider the rights or wrongs of a decision, just that correct procedures have been followed. I'm struggling to see from what has been posted here that this one will get very far tbh.

But even IF there wasn’t a pandemic, and even IF the NHS wasn’t on its knees (when is it not?) it would still be a bonkers idea to try and claim that the NHS is denying children treatment that the NHS and NICE have clearly determined lacks evidence.

Not only that, but the harms that this treatment does is becoming very evident - not just the Tavistock, but many many detransitioners coming forward, I mean, are we just to ignore them? Because it really does seem to me that Maugham and his friends are completely ignoring David Bell, Keira Bell, the Karolina report, the Sonia Appleby case, even the two transgender surgeons from WPATH - how can they ignore all this evidence?

..... I do feel like I am going mad sometimes....

I thought that some of those is awaiting the results of the Cass review?

Surely the nhs isn't going to steam ahead with medical sterilisation and enforced osteoporosis and what looks like in many cases the risk of worsening mh, until some major analysis of the evidence is done.

Nice are extremely careful with prescribing guidance. All of this "healthcare" is off license. If they want to push forward for better nhs treatment they need to face the fact that this will require more evidence.

I often don't feel J is very bright.

I hadn't read the full thread and now see we are all singing from the same song sheet

The most recent film from Sweden on this has really highlighted the issues going on. The lack of safeguarding procedures and silencing whistleblowers there was truly shocking.

We're assuming the GLP are doing this to get some kind of "win". Maybe instead they'd be happy with a "lose" that they can spin as some kind of The Most Oppressed Ever™ narrative.

Which is the Most Ironic Thing Ever, when a woman has only just been appointed to speak for women within the nhs given how shit healthcare can be for women.