Court Of Appeal Ruling On Children's Consent To Receiving Puberty Blockers

• Published date: 13 October 2021
• Subject Matter: Family and Matrimonial, Family Law
• Law Firm: Shoosmiths
• Author: Mr Adam Maguire

The Court of Appeal has overturned an earlier decision of the High Court in which guidance was given on the circumstances where a child might be able to give consent to the administration of puberty blockers.

Puberty blockers are drugs used to postpone puberty in children and are prescribed to some children diagnosed with gender dysphoria, which is where somebody feels distress as a result of a mismatch between their gender identity (the gender they identify with) and their biological sex. This is sometimes known as gender identity disorder, gender incongruence or transgenderism.

In 2020, the High Court gave guidance on the relevant information a child under 16 would have to understand in order to be competent to give consent to the administration of puberty blockers. The guidance was given on the basis that the court considered it highly unlikely a child aged 13 or under would be competent to give consent to the administration of puberty blockers and that it was very doubtful if 14 and 15 year olds could understand the long-term risks and consequences of such treatment to give consent.

It is important to note the court was not concerned with whether the policies and practices of the NHS trusts involved were unlawful or the advantages or disadvantages of treatment (which is a policy decision for the NHS, the medical profession and Parliament) but with the circumstances in which a child could give valid consent to treatment.

The declaration and guidance led to an amendment to the contract between the NHS and Tavistock and Portman Gender Identity Service (GIDS) which meant that children under the age of 16 should not be referred for consideration of whether they should be prescribed puberty blockers without the court's authorisation.

The decision resulted in a great deal of upset to those in the transgender community and others who were concerned about the consequences of children with gender dysphoria not being able to access treatment. However, there...