London Daily

Focus on the big picture.
Thursday, May 14, 2026

Appeal court overturns UK puberty blockers ruling for under-16s

Appeal court overturns UK puberty blockers ruling for under-16s

Tavistock and Portman NHS foundation trust wins challenge over case brought by Keira Bell last year
The court of appeal has overturned a controversial judgment that children under the age of 16 considering gender reassignment are unlikely to be mature enough to give informed consent to be prescribed puberty-blocking drugs.

Tavistock and Portman NHS foundation trust, which runs NHS England’s only gender identity development service (GIDS) for children, challenged a high court ruling last year in a case brought against the service by Keira Bell, a 24-year-old woman who began taking puberty blockers when she was 16 before detransitioning. The other applicant was the unnamed mother of a teenage autistic girl on the waiting list for treatment.

The three high court judges had also said the doctors of teenagers under 18 may need to consult the courts for authorisation for medical intervention. As a result of the decision, the Tavistock suspended new referrals for puberty blockers and cross-sex hormones for the under-16s.

However, in a judgment handed down on Friday, the lord chief justice, Lord Burnett, Sir Geoffrey Vos and Lady Justice King said it had been “inappropriate” for the high court to issue the guidance.

They said: “The effect of the guidance was to require applications to the court in circumstances where the divisional court (a branch of the high court) itself had recognised that there was no legal obligation to do so. It placed patients, parents and clinicians in a very difficult position.

“In practice the guidance would have the effect of denying treatment in many circumstances for want of resources to make such an application coupled with inevitable delay through court involvement.”

Liberty, which intervened in the appeal, called it “a positive step forwards for trans rights in the UK and around the world”.

The appeal court judges stressed that it was established legal principle that “it was for clinicians rather than the court to decide on competence [to consent]”.

The Tavistock had argued that the high court ruling interfered with the entitlement of children to make decisions for themselves and was based on “partisan expert evidence”.

The appeal court judges said none of the expert evidence produced by the claimants complied with the relevant rules “and a good deal of it is argumentative and adversarial”.

Referring to a Care Quality Commission report from January that was critical of GIDS, including in relation to aspects of obtaining consent before referral, the appeal court judges said: “The fact that the report concluded that Tavistock had, in certain respects, fallen short of the standard expected in its application of the service specification does not affect the lawfulness of that specification; and it would not entitle a court to take on the task of the clinician.”

They concluded: “The divisional court concluded that Tavistock’s policies and practices … were not unlawful and rejected the legal criticism of its materials. In those circumstances, the claim for judicial review is dismissed.”

The Tavistock welcomed the decision and said it was committed to improving the quality of care and decision-making for patients in what was a complex field.

A spokesperson said: “The judgment upholds established legal principles which respect the ability of our clinicians to engage actively and thoughtfully with our patients in decisions about their care and futures. It affirms that it is for doctors, not judges, to decide on the capacity of under-16s to consent to medical treatment.

The NHS said a review would continue “to confirm whether clinical decision-making has followed a robust consent process”.

Bell said she planned to seek leave to appeal to the supreme court, adding: “A global conversation has begun and has been shaped by this case. There is more to be done. It is a fantasy and deeply concerning that any doctor could believe a 10-year-old could consent to the loss of their fertility.”

Cross-sex hormones are only prescribed from the age of 16 and experts say puberty blockers do not cause infertility.

Mrs A, the other claimant alongside Bell, said: “A child experiencing gender distress needs time and support – not to be set on a medical pathway they may later regret.”
Newsletter

Related Articles

0:00
0:00
Close
The Great Western Exit: Why Best Citizens Are Fleeing the Rich World [PODCAST]
The New Robber Barons of Intelligence: Are AI Bosses More Powerful Than Rockefeller?
The End of the Old Order [Podcast]
Britain’s Democracy Is Now a Costume
The AI Gold Rush Is Coming for America’s Last Open Spaces [Podcast]
The Pentagon’s AI Squeeze: Eight Tech Giants Get In, Anthropic Gets Shut Out [Podcast]
The War Map: Professor Jiang’s Dark Theory of Iran, Trump, China, Russia, Israel, and the Coming Global Shock [Podcast]
Labour Is No Longer a National Party [Podcast]
AI Isn’t Stealing Your Job. It’s Dismantling It Piece by Piece.
Lawyers vs Engineers: Why China Builds While America Litigates [Podcast]
Churchill’s Glass: The Drunk, the Doctor, and the Myth Britain Refuses to Sober Up From
Apple issues an unusual warning: this is how your iPhone can be hacked without you doing anything
Kennedy’s Quiet War on Antidepressants Sparks Alarm Across America’s Medical Establishment
The Met Gala Meets the Age of Billionaire Backlash
Russian Oligarch’s Superyacht Crosses Hormuz via Iran-Controlled Route
Gunfire Disrupts White House Correspondents’ Dinner as Trump Is Evacuated
A Leak, a King, and a Fracturing Alliance
Inside the Gates Foundation Turmoil: Layoffs, Scrutiny, and the Cost of Reputational Risk
UK Biobank Breach Exposes Health Data of 500,000, Listed for Sale on Chinese Platform
KPMG Cuts Around 10% of US Audit Partners After Failed Exit Push
French Police Probe Suspected Weather-Data Tampering After Unusual Polymarket Bets on Paris Temperatures
CATL Unveils Revolutionary EV Battery Tech: 1000 km Range and 7-Minute Charging Ahead of Beijing Auto Show
Crypto Scammers Capitalize on Maritime Chaos Near the Strait of Hormuz: A Rising Threat to Shipping Companies
Changi Airport: How Singapore Engineered the World’s Most Efficient Travel Experience
Power Dynamics: Apple’s Leadership Shakeup, Geopolitical Risks in the Strait of Hormuz, and Europe's Energy Strategy Amidst Global Challenges
Apple's Leadership Transition: Can New CEO John Ternus Navigate AI Challenges and Geopolitical Pressures?
Italy’s €100K Tax Gambit: Europe’s Soft Power Tax Haven
News Roundup
Microsoft lost 2.5 millions users (French government) to Linux
Privacy Problems in Microsoft Windows OS
News roundup
Péter András Magyar and the Strategic Reset of Hungary
Hungary After the Landslide — A Strategic Reset in Europe
Meghan Markle Plans Exclusive Women-Focused Retreat During Australia Visit
Starmer and Trump Hold Strategic Talks on Securing Strait of Hormuz Amid Rising Tensions
Unofficial Australia Visit by Prince Harry and Meghan Expected to Stir Tensions with Royal Circles
Pipeline Attack Cuts Significant Share of Saudi Arabia’s Oil Export Capacity
UK Stocks Rise on Ceasefire Momentum and Renewed Focus on Diplomacy
UK to Hold Further Strategic Talks on Strait of Hormuz Security
Starmer Voices Frustration as Global Tensions Drive Up UK Energy Costs
UK Students Voice Concern Over Proposal for Automatic Military Draft Registration
Rising Volatility Drives Uncertainty in UK Fuel and Petrol Prices
UK Moves to Deploy ‘Skyhammer’ Anti-Drone System to Strengthen Airspace Defense
New Analysis Explores UK Budget Mechanics in ‘Behind the Blue’ Feature
Man Arrested After Four Die in Channel Crossing Tragedy
UK Tightens Immigration Framework with New Sponsor Rules and Fee Increases
UK Foreign Secretary Highlights Impact of Intensified Strikes in Lebanon
UK Urges Inclusion of Lebanon in US-Iran Ceasefire Framework
UK Stocks Ease as Ceasefire Doubts in Middle East Weigh on Investor Confidence
UK Reassesses Cloud Strategy Amid Criticism Over Limited Support Measures
×