An emergency ban on puberty blockers introduced by the Conservative government was lawful, the High Court has ruled.Campaign group TransActual, and a young person who cannot be named, had challenged then health secretary Victoria Atkins’s decision to impose “banning orders” on puberty blockers, which delay puberty by suppressing the natural production of sex hormones.
On Monday, Mrs Justice Lang dismissed the challenges, which had argued the ban was unlawful.The High Court in London heard at a hearing on 12 July that they should not have introduced an emergency ban because secondary legislation already prevents the prescription of puberty blockers from European or private prescribers, and restricts NHS provision within clinical trials.But, the Department of Health and Social Care (DHSC) and the Department of Health in Northern Ireland defended the claim and said the case should be dismissed.
Mrs Justice Lang, dismissing the case, said: “This decision required a complex and multi-factored predictive assessment, involving the application of clinical judgment and the weighing of competing risks and dangers, with which the court should be slow to interfere.”The emergency ban was implemented by the previous Conservative government but the court heard it could be made permanent by new Labour ministers.
Health Secretary Wes Streeting said he was “treading cautiously” in his decision as there was “lots of fear and anxiety”.He faced criticism from his own Labour colleagues for the decision, with Labour’s LGBT group saying earlier this month they had “concerns” about an indefinite ban.
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