Dear Jo Maugham KC
Re your statements 30th May 2024 (quoted below):
(1) “IMO, this is unlawful discrimination. Logically, I can't see how it can be true both that (1) blockers are dangerous so it is "essential to make the order with immediate effect to avoid serious danger to health" (the statutory test) and (2) they are safe for cis kids to use.”
And
(1) “My tentative view: if you think your child is benefitting from blockers ask your regulated prescriber for blockers in injectable form, which I understand to last three months (and be safer anyway) and take the injection in the EU”
Re (1)
Puberty blockers may be prescribed for female children with signs of puberty before the age of 8 and male children with signs of puberty before the age of 9. Their gender identity, or lack thereof, is irrelevant.
These drugs have not been shown to be safe in children without a clinical diagnosis of precocious puberty. Their gender identity, or lack thereof, is irrelevant.
Puberty blockers are still available for both “trans” and “cis kids” (to use your terminology) with a diagnosis of precocious puberty. They will not be made available to either “trans” or “cis kids” (to use your terminology) without a diagnosis of precocious puberty.
It is not clear from your statement (1) how this constitutes unlawful discrimination or is illogical?
Re (2)
This seems to be an attempt to give medical advice. It is not clear from your public biography that you are medically qualified, or the level of training you have reached? It is not lawful for those without a primary medical qualification to dispense medical advice in the UK, and I am surprised that a legally qualified individual with the status of King’s Counsel is unaware of this.
If I am mistaken, and you are in fact medically qualified, this is excellent news. As you are no doubt aware, in a recent case (Re J (Transgender: Puberty Blocker and Hormone Replacement Therapy) [2024] EWHC 922 (FAM)) Sir Andrew McFarlane P noted at paragraph 36 that the court had been unable to identify a UK based clinician prepared to accept instruction as an expert. I’m sure those who are finding it difficult to locate suitably qualified clinicians in the UK will be delighted that you are willing to give opinions on these matters.