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Feminism: Sex and gender discussions

Judicial review into adult GIDs

68 replies

WarriorN · 04/06/2023 07:28

Two attempts to post on this were deleted with a more detailed title into what it actually is: the launching of a judicial review against adult GIDS.

I only posted the title and the text of the tweet.

So posting the link to the tweet.

He also has a piece in the times - sorry I can't access.

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ArabeIIaScott · 04/06/2023 10:33

Wow.

Thanks for perstisting with the share, OP. This seems very significant.

MrsOvertonsWindow · 04/06/2023 10:40

FannyCann · 04/06/2023 09:18

Also with the overwhelming acceptance of the affirmation only model I have my doubts whether any school now would be raising concerns.

This is a very important and educative case but I doubt it is used in this way by any agencies now.

1 It seems to me, in particular, that concerns from a school i.e. the professionals who see the child most, should always be afforded very significant weight. The following passages reveal that the staff at school A were reading the situation carefully and, for the reasons which I will address later in this judgment, were plainly alert both to J's presentation and to the Mother's confrontational and inappropriate behaviour. I am bound to say that had their concerns been given the weight that they plainly should have, it is difficult to resist the conclusion that J could have been spared a great deal of emotional harm:
2 
"6.11. On the 14/11/13 a referral was received from [School A]. [School A] reported concerns regarding emotional abuse of [J] and [M]'s mental health. [M] had claimed that [J] is gender variant and should be allowed to go to school dressed as a girl. [M] had made accusations that [J] was being bullied at school because of gender variance. [M] was unable to provide names of the bullies and staff at school had not observed any bullying. Staff advised that at school [J] behaved no differently than the other children but they felt that [M] was unwilling to accept this and on occasions she reduced a teacher to tears due to her 'forceful and confrontational' manner.*

Depressingly I think you're right FannyCann It also highlights why trans activist groups have been so desperate to "train" the judiciary in rightthink and rightspeech - and so determined that the public never find out any details. Maya Forstater campaigned to discover the details after a judge staggeringly pronounced that the belief of knowing that there are 2 sexes was "not worthy of respect in a democratic society"

https://thecritic.co.uk/who-judges-the-judges/

Who judges the judges? | Maya Forstater | The Critic Magazine

In 2019 I asked a judge to consider whether my belief — that there are two sexes, that sex is important and that human beings cannot literally change sex — qualifies as a philosophical belief worth…

https://thecritic.co.uk/who-judges-the-judges

WarriorN · 04/06/2023 11:21

We knew Maya's judgement was important at the time but I still find it hard to get my head around how far the rot has gone and just how important that judgement was.

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WarriorN · 04/06/2023 11:38

Copying this post here from the other thread as it's relevant

The medical school in Ritchie's area, Newcastle university medical school, signed this:

This GLADD medical schools charter is attempting to put an all-out ban on discussing any factors that could be behind gender confusion with patients, even though that is contrary to the law. Even if this charter is not legally binding, it is still making doctors (and future doctors) think that patients with 'gender identity' can only be affirmed. This will endanger patient care at a time when we need to be reversing these procedures in the NHS, not bringing new doctors into it with the absolute wrong approach to it.

https://grahamlinehan.substack.com/p/32-medical-schools-in-the-uk-have

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Emotionalsupportviper · 04/06/2023 12:39

MrsOvertonsWindow · 04/06/2023 08:29

Hopefully this will allow some of the appalling practices happening to these children to be aired in court. My concern is that if this vulnerable 21 year old is deemed to be "legally competent" to decide on this brutal surgery, many trans activists who see children as mini adults (as evidenced regularly on this board) will extrapolate any ruling to apply to the youngest of children.
I hope I'm wrong. This Judge looked at the treatment of a child who was socially transitioned by his very unwell mother and was very critical of the actions of social services & other professionals who actively enabled the emotional abuse of the child:

https://www.bailii.org/ew/cases/EWHC/Fam/2016/2430.html

Hopefully this will allow some of the appalling practices happening to these children to be aired in court. My concern is that if this vulnerable 21 year old is deemed to be "legally competent" to decide on this brutal surgery, many trans activists who see children as mini adults (as evidenced regularly on this board) will extrapolate any ruling to apply to the youngest of children.

And will push the concept that if a child can be "legally competent" to consent to radical surgery, then they are equally competent to consent to sexual relationships.

Boiledbeetle · 04/06/2023 13:01

Slothtoes · 04/06/2023 09:15

That is really worrying that the time spent on Children’s waiting lists counts towards reducing the adult services waiting list time. Something for the Cass report to comment on, I hope. The watch and wait approach might be able to resolve distress for some (many?) of these young people without putting them in the path of lifelong medication and surgeries.
If they’ve been on the waiting list, what emotional support (and of what quality?) have they had before arriving into adult services?

Arriving into adult services at a ‘young’ age, compared to the adults on the waiting list, must add to their vulnerabilities. They will have lesser life experience and self knowledge, might be still in further or higher education and have grown up around a lot of institutional and peer encouragement towards gender identity.

Then there’s the emotional and cognitive effects of post pubertal adolescents aged under 18 being required to take puberty blockers for at least one year before they are allowed to access NHS cross-sex hormones.

It sounds like a perfect storm of very young adults who are still teenagers, many autistic, traumatised and same-sex attracted (or any combination of those) arriving into adult services in a very vulnerable state.

Very different cohort to the married fathers in mid life deciding that they want to transition, for example. I hope the adult services are geared up to cope with both the issues arising from patients having been through the children’s gender identity services, and the waits that others have had for those children’s services.

A rather sobering post.

I very much doubt that the adult service are gong to be able to properly help these children (yes adult, but only just). The adult service will deal in the main with, as you say, a different cohort of patients with very different reasons for wanting to transition.

They'll also be able to say well they've been on a waiting list for years (without actually seeing anyone or discussing anything) so that's the watchful waiting done now let's get you onto the drugs and surgery.

TRADestroyer · 04/06/2023 13:05

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Boiledbeetle · 04/06/2023 13:11

dimorphism · 04/06/2023 09:24

As I said on the other thread I think a useful comparator is how a 25 year old woman would not be allowed sterilisation surgery, however sure she was that she didn't want kids. Why the vast difference in medical approach?

I mean the straight answer for the above is because us women can't be trusted not to change our minds!

It's the same with wanting a hysterectomy. A thousand and one reasons will be given for why they can't do that on a woman still with many child bearing years ahead of her.

So how they get from that to "so you're 16, want all your reproductive system and your breasts cut off because you feel like a boy? Yeah OK. Does next Tuesday work for you? "

Do they not see what they are doing? So blinded by the 'non science' totally unethical rubbish they've been fed by lobby groups?.

I can understand something like an accountancy firm falling for the lies, but medical professionals who not only are supposed to be highly educated and intelligent but swore to do no harm! That makes no bloody sense

PriOn1 · 04/06/2023 13:29

Interesting choice to go for another judicial review. The ultimate conclusion in the Bell vs Tavistock case suggested that judicial review was perhaps not the right approach and that individuals were perhaps going to have to sue for damages/negligence.

Perhaps though, despite not winning the appeal, the Bell case is still considered a success because of what has been achieved because of the first judgment.

At some point, there will be a wave of negligence claims and it sounds like Ritchie’s surgical outcome is so poor that it seems unlikely it was made clear to him just how bad it could be, or how likely it was that the outcome would be so awful.

miri1985 · 04/06/2023 14:08

I think a lot of issue is with the language surrounding it. If you tell someone you're creating a vagina rather than a pseudo-vagina which is more akin to an open wound you shouldn't be surprised when they're suprised by its lack of function. By being delicate and whimsical around these surgeries like calling a mastectomy top surgery or refering to amputating a penis as bottom surgery, it belies the seriousness of the procedure and its irreversability.
Its like if you repeat TWAW or TMAM you can't be surprised when people actually believe it and think that they can become the opposite sex.

They're serious surgical procedures and should only be used in the most serious of cases.
100 hours of therapy sounds like more than enough time to contemplate such a procedure but if the therapy was only affirming Ritchie it seems a bit pointless.

I hope TRA's aren't as cruel to Ritchie as they were to Keira Bell, the fact that Ritchie is a man probably means they won't be as unkind

WarriorN · 04/06/2023 14:22

And will push the concept that if a child can be "legally competent" to consent to radical surgery, then they are equally competent to consent to sexual relationships.

Quite

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Boiledbeetle · 04/06/2023 15:54

PriOn1 · 04/06/2023 13:29

Interesting choice to go for another judicial review. The ultimate conclusion in the Bell vs Tavistock case suggested that judicial review was perhaps not the right approach and that individuals were perhaps going to have to sue for damages/negligence.

Perhaps though, despite not winning the appeal, the Bell case is still considered a success because of what has been achieved because of the first judgment.

At some point, there will be a wave of negligence claims and it sounds like Ritchie’s surgical outcome is so poor that it seems unlikely it was made clear to him just how bad it could be, or how likely it was that the outcome would be so awful.

Maybe this is the only way they can legally get somewhere?

Trying to sue the NHS for negligence is incredibly difficult. Once you've signed the piece of paper saying you agree to surgery and you understand the risks that they've explained to you (I know personally my surgeon hasn't explained it all to me before he fucked up despite the signed paperwork) then you've got literally no chance of taking them to court the usual route.

With Ritchie he did have a lot of counselling. 100 plus sessions over five years. He booked surgery more than once and backed out. Only proceeding when they threatened to cut off his support. A decent medical professional should have, over all that time, realised that cutting his penis off wasn't going to make things better for him.

And if that can happen to an adult with lots of therapy and time then doing the same to a teenager with hardly any therapy has to be negligence

WarriorN · 04/06/2023 16:05

I get the impression from his tweet that it's a governmental procedural thing.

They've served people with papers who he then says appear to welcome it.

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PriOn1 · 04/06/2023 16:12

Well yes, I agree it’s negligence, but if it is negligence, then a judicial review might not be the right approach. Judicial review looks at their general policies and there has to be a high bar to say that their policies are actually illegal, which is why Keira Bell’s case was unacceptable. From memory, the judge more or less hinted GIDS doctors were playing fast and loose with Gillick competence, but it was up to the doctors to ensure they applied them properly and their policy of using Gillick competence wasn’t illegal in itself.

I am aware the NHS get you to sign a consent form, but as I understand it, at least part of Ritchie’s argument is that he wasn’t in a reasonable state of mind to understand the consequences fully.

I think I read that some of the same lawyers are involved as in Keira’s case though, so hopefully they have learned from their previous loss and can build a good case. It’s not just Ritchie, of course. There’s the other boy, whose father hopes to prevent his son ending up where Ritchie is now.

RoyalCorgi · 04/06/2023 16:59

I get the impression from Ritchie's twitter that he is also suing for negligence.

It's all very difficult. For a start, there is a legal limit on negligence claims - you have to do it within three years of the negligence taking place, or within three years of the point at which you became aware of the negligence. Ritchie is way beyond that initial three years, as will also be the case for a lot of de-transitioners.

Second, as boiled says, if you've agreed to the procedure and signed the bit of paper, and they've done what they said they were going to do, then how do you prove negligence?

To my mind, the problem is not that the surgeon performed the surgery wrongly or negligently, but that that kind of surgery should never be performed on a young, mentally vulnerable person. Perhaps it shouldn't be performed at all, or just in very rare cases. Who, apart from someone with mental health problems, is going to ask for their genitals to be removed? So I can see why judicial review makes sense. But I'm not sure what the chances of success are, or whether an unsuccessful outcome might block off other avenues of legal redress.

WarriorN · 04/06/2023 17:04

From what he's discussed on twitter and in webinars etc before he's keen that the pathways are changed. That rigour is applied in terms of suggesting alternative reasons for these feelings.

And yes that he wasn't in sound mind; it was all part of his ocd to be obsessed with being in the wrong body. Suggested to him by the internet.

But also that therapy is therapy and not a highway to surgery, which is what it was under the processes he experienced.

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WarriorN · 04/06/2023 17:04

He doesn't want others to experience what he did.

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WarriorN · 04/06/2023 17:07

tullipr.substack.com/p/how-i-got-here-trans-ocd-and-internet

This is a good description of how he now sees ocd and GD intertwining

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WarriorN · 04/06/2023 17:09

And this one as linked upthread, describe the missed opportunities to gatekeep. The main one was "therapy is stopping unless you transition."

open.substack.com/pub/tullipr/p/scrambled-eggs?utmcampaign=post&utmm_medium=web

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Signalbox · 04/06/2023 17:45

Slothtoes · 04/06/2023 09:15

That is really worrying that the time spent on Children’s waiting lists counts towards reducing the adult services waiting list time. Something for the Cass report to comment on, I hope. The watch and wait approach might be able to resolve distress for some (many?) of these young people without putting them in the path of lifelong medication and surgeries.
If they’ve been on the waiting list, what emotional support (and of what quality?) have they had before arriving into adult services?

Arriving into adult services at a ‘young’ age, compared to the adults on the waiting list, must add to their vulnerabilities. They will have lesser life experience and self knowledge, might be still in further or higher education and have grown up around a lot of institutional and peer encouragement towards gender identity.

Then there’s the emotional and cognitive effects of post pubertal adolescents aged under 18 being required to take puberty blockers for at least one year before they are allowed to access NHS cross-sex hormones.

It sounds like a perfect storm of very young adults who are still teenagers, many autistic, traumatised and same-sex attracted (or any combination of those) arriving into adult services in a very vulnerable state.

Very different cohort to the married fathers in mid life deciding that they want to transition, for example. I hope the adult services are geared up to cope with both the issues arising from patients having been through the children’s gender identity services, and the waits that others have had for those children’s services.

This came up in Hannah Barnes' book didn't it? The situation in Ireland where all their "trans kids" were being shipped off to the Tavi. And once they hit 18 they were referred back to the the adult service in Ireland. But the endocrinologists running the clinic noticed that all the young people being referred back had not been properly assessed and were not considered remotely suitable for hormones due to the complexity of the cases. These Endocrinologists had been running an adult clinic for years so it wasn't like they didn't know what they were talking about.

TRADestroyer · 04/06/2023 17:46

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

Clymene · 04/06/2023 17:51

How interesting that our resident monitors are all over other trending threads related to this topic but are steadfastly ignoring the two about detransitioners.

Weird, that Hmm

Boiledbeetle · 04/06/2023 18:20

Clymene · 04/06/2023 17:51

How interesting that our resident monitors are all over other trending threads related to this topic but are steadfastly ignoring the two about detransitioners.

Weird, that Hmm

Cos they don't exist innit. These two threads are just a figment of your imagination!

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WarriorN · 04/06/2023 19:00

This may work better

Where did PIE go? WHO and UNESCO new guidance has routes in Queer Theory, Sex Positivity and believes children are "sexual from birth" www.mumsnet.com/Talk/womens_rights/4796258-where-did-pie-go-who-and-unesco-new-guidance-has-routes-in-queer-theory-sex-positivity-and-believes-children-are-sexual-from-birth

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