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A ban on puberty-blocking drugs, introduced by the previous government using emergency legislation, is lawful, the High Court has ruled.
Former Health Minister Victoria Atkins used emergency powers at the end of May to restrict the use of the drug for children and young people with gender dysphoria.
Transgender campaigners subsequently took legal action, alleging that she had misused the emergency procedure by failing to consult with patient groups.
Health Minister Wes Streeting welcomed the court’s ruling, adding that child health care must be “evidence-based”.
“Act with caution”
Campaign group TransActual UK condemned the High Court’s decision and said it would appeal.
The lawsuit follows an investigation by Hilary Cass earlier this year which found a lack of evidence on the treatment of under-18s with puberty blockers.
Puberty blockers are drugs used to delay or stop the onset of puberty.
In March 2024, NHS England decided to stop the routine treatment of puberty suppressants for children with gender dysphoria. At that time, the use of puberty suppressants was only permitted in clinical trials on the NHS.
In May, following the Cath review, the Conservative government tightened regulations on these drugs, introducing an emergency ban on their prescription by private and European prescribers.
Puberty suppressants are currently only available to under-18s with gender dysphoria who are already taking medication, and are also available in NHS clinical trials and in a few other settings.
Transactual challenged the then Minister of Health’s order to further restrict the use of puberty suppressants.
Speaking after the High Court ruling, Mr Streeting said he welcomed the decision.
“Child health care must be evidence-based,” he said. “Dr. Cass’s investigation found that there is insufficient evidence that puberty suppressants are safe or effective for children with gender identity disorder or gender nonconformity.”
“We must therefore proceed with caution and care when it comes to this vulnerable group of young people.”
Mr Streeting said he was working with NHS England to improve services around children’s gender identity and was preparing clinical trials to establish evidence around puberty suppressants.
“We want transgender people in our country to be safe, accepted and able to live with freedom and dignity,” he added.
‘Serious concerns’
Chay Brown, TransActual’s director of health care, called the outcome of the lawsuit “disappointing.”
“The defence evidence clearly shows that they first decided on an emergency ban and then sought ways to justify it,” he said.
“We have serious concerns about the safety and welfare of young transgender people in the UK.”
Brown said transgender academics had been excluded from the research team, which was led by someone promoted to the House of Lords by the outgoing Conservative government.
The Good Law Project, which works with TransActual, said any upcoming consultation on young people’s healthcare “must be taken seriously and include input from real experts and those most directly affected by the changes”.
“Young people, whether they’re transgender or not, should be able to access the medicines they need to live full, happy and healthy lives,” legal manager Bekah Sparrow said.
