A high court judge in the United Kingdom has ruled that the previous government’s ban on puberty blockers being used to treat youth with gender dysphoria was legal.
The Conservative government issued an emergency order in late May temporarily banning the use of the medication via overseas prescription. The move followed the publication of the Cass Review which halted the use of the medication in the country’s national health system.
The review found that there was not sufficient clinical evidence about the effectiveness and risks related to the medications. It recommended that puberty blockers should only be used if part of a clinical trial. The Cass review has been questioned by medical experts in other jurisdictions.
Advocacy group TransActual and an unidentified transgender youth launched the case against the government decision.
They argued that then Health Secretary Victoria Atkins had not sufficiently identified a “serious danger to health” that was required to enact the emergency ruling.
In a judgement handed down on Monday the court said they could not find that the Health Secretary had made an error.
““In my judgment, the Cass review’s findings about the very substantial risks and very narrow benefits associated with the use of puberty blockers, and the recommendation that in future the NHS prescribing of puberty blockers to children and young people should only take place in a clinical trial, and not routinely, amounted to powerful scientific evidence in support of restrictions on the supply of puberty blockers on the grounds that they were potentially harmful.” Justice Lang wrote in her decision.
The judge also noted that the case was not about whether the information in the Cass Review was correct, just that the responsible minister had not acted unreasonably.
The court also noted that much of the applicants information related to the lack of support for youth who were now unable to access the medication or appropriate mental health support services. She urged the National Health Service to consider how it could improve service in this area.
The UK’s new Heath Secretary Wes Streeting has indicated that he will move to make the ban permanent.
““Children’s healthcare must be evidence-led.’ he sad after the judgement was handed down.
“Dr Cass’s review found there was insufficient evidence that puberty blockers are safe and effective for children with gender dysphoria and gender incongruence.
“We must therefore act cautiously and with care when it comes to this vulnerable group of young people.
“I am working with NHS England to improve children’s gender identity services and to set up a clinical trial to establish the evidence on puberty blockers.
“I want trans people in our country to feel safe, accepted, and able to live with freedom and dignity.” Streeting said.
Chay Brown, director for healthcare at TransActual said the court’s decision was “disappointing”.
“Defence evidence makes clear that they decided on an emergency ban first and sought ways to justify it second,” he said.
“We are seriously concerned about the safety and welfare of young trans people in the UK.”
