Court allows 16 year-old to decide upon treatment for gender dysphoria

Gender dysphoria, as defined by the NHS, is a term that describes a sense of unease that a person may have because of a mismatch between their biological sex and their gender identity.

Crucially, the NHS state that: “This sense of unease or dissatisfaction may be so intense it can lead to depression and anxiety and have a harmful impact on daily life.”

The issue has a relevance to family law, as it can often arise in children, as demonstrated by recent High Court case.

The case concerned a young person who has just attained the age of 16, referred to in the judgment as ‘Q’. Q was born female but identifies as male.

Q’s parents separated over ten years ago, since when their relationship has been acrimonious. We are told that: “At first Q shared his time between his parents. In 2020 he informed them that he was transgender. His father quickly accepted this but his mother did not. As a result Q’s relationship with his mother deteriorated and he has been living full time with his father since about 2021.”

In August 2022 the mother made an application for a prohibited steps order preventing the father from arranging for Q to access treatment for gender dysphoria.

In November 2022 the local authority conducted a single assessment which noted that Q had suffered disruption and trauma because of parental acrimony and gender dysphoria.

In December 2022 Q was seen by his GP who provided a letter for the court saying that Q had gender dysphoria but no clinical evidence of any mental health problems.

The mother agreed that Q should join the waiting list for NHS treatment, but she did not agree to his accessing it privately. At that time there was no private clinic in England and Wales which provided assessment and treatment for gender dysphoria but Gender GP, an organisation based offshore was a possibility which Q and the father on his behalf, wished to pursue.

In the event the parties agreed on an interim basis that the court should make a prohibited steps order with respect to private treatment.

In January 2024 the first private clinic in the UK for those seeking gender-related treatment, known as Gender Plus and Gender Plus Endocrinology services, gained Care Quality Commission registration, which is required for the hormone clinic

The case proceeded to a hearing in April, before Mrs Justice Judd.

By that time the mother had agreed that Q may be referred to Gender Plus for assessment only. She invited the court to adjourn the proceedings until the assessment was complete, and for the case to be restored to court for further consideration thereafter.

However, the reality of the mother’s position was described by Mrs Justice Judd thus: “Ultimately the mother objects to Q undergoing any gender related medical treatment before he is 18 on the basis that she believes that it is still not well understood and that it could cause him harm.”

The father and Q invited the court to dismiss the proceedings, on the basis that Q should be assessed and then left to make decisions as to any treatment offered on his own, with the assistance of treating clinicians.

Mrs Justice Judd agreed with the father and Q. She pointed out that a child or young person who has attained the age of 16 and has capacity is legally able to give consent to medical treatment, and those who treat Q could be liable in negligence if they did not provide a proper standard of care, or failed to abide by guidelines without good reason.

In the circumstances Mrs Justice Judd did not think that there was any realistic basis upon which she would override Q’s consent to treatment by a regulated provider or clinician in this country.

There was therefore no legitimate purpose in adjourning the case, and in any event Mrs Justice Judd found that it was in Q’s best interests to bring the proceedings to an end.

Accordingly, the interim orders were discharged, although Mrs Justice Judd did request an undertaking from the father that he would not fund or facilitate a referral to an unregulated offshore body such as Gender GP whilst Q is a minor.

You can read the full judgment here.

*          *          *

Family Law Cafe gives you the best strategy to achieve the right outcome for you and your family and keeps them informed and in control 24/7 through a unique and secure online portal. Family Law Cafe is your start-point for getting matters sorted with strategy, support and security.

Image: Pavel Kubarkov / Shutterstock.com

| court-allows-16-year-old-to-decide-upon-treatment-for-gender-dysphoria familylaw