The Tavistock Appeal Court ruling

Sep 17, 2021 by

from Transgender Trend:

We are disappointed at the decision of the Appeal Court today to uphold the appeal of the Tavistock  and Portman NHS Foundation Trust against the decision of the Divisional Court in Bell & Mrs A v Tavistock.

The Appeal was allowed on the basis that the Divisional Court did not hold that the use of puberty blockers to treat gender dysphoria is unlawful, and that the declaration and guidance issued by the Divisional Court covered areas of disputed fact, expert evidence and medical opinion, which were not suitable for determination in judicial review proceedings.

The Appeal Court judged that Gillick principles are based on the judgment of doctors and clinicians; it is not for judges to decide on the capacity of under-16s to consent to medical treatment.

“At the heart of Tavistock’s appeal is the submission that, in making the declaration, the Divisional Court departed from Gillick, which had established that children under 16 could make their own decisions if assessed individually as competent to do so by their treating clinician.  Tavistock submits that the court “intruded into the realm of decisions agreed upon by doctors, patients and their parents, where the court had not previously gone.””

In summation the Appeal Court judged that “the Divisional Court had placed an improper restriction on the Gillick test of competence.”

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