UK Trans Teen In Legal Action Over NHS Gender Clinic Delay
A 14-year-old trans boy is starting legal proceedings against NHS in England over delays to gender reassignment treatment.
The teenager has waited for over a year for a referral to the only NHS gender clinic for children and adolescents.
The Good Law Project, which is acting for the teenager, says the NHS has a legal obligation to provide specialist care to all patients within 18 weeks, or provide an alternative. NHS England says a review is underway.
It announced the independent review into gender identity services for young people in September. An NHS England spokesperson said this would include “how and when children and young people were referred to specialist services”.
The teen at the centre of this case, who wants to be known as Reece, told the ‘BBC’ he “ideally” would not have to bring legal action.
But he says he had no choice because “nobody else is sticking up for trans young people”.
Reece first came out as a trans boy in primary school. His family, friends and teachers were all supportive of him transitioning. Since moving to secondary school, everyone has always known him as a boy, only referring to his new name and he/him pronouns.
However, Reece says he was able to access help with his transition only through expensive private healthcare. In October 2019, Reece's GP referred him to the Tavistock. He has been on the waiting list for over a year, for the first stage of the process - a mental health assessment.
He says he is aware of others awaiting gender reassignment treatment. “I know more than 30 trans people, from school and LGBT groups. Everybody's been waiting for months, or even years, but nobody's been able to get in yet.
“It's scary because it shows the service isn't available to the people who need it.”
The Tavistock is currently booking appointments for people who have been waiting for an initial session since September 2017. However, a Freedom of Information (FOI) request made by the BBC has revealed that, since 2017, over 10,000 more young people have been referred to the already over-subscribed service.
Reece said “The solution to working out if a person is trans or not, is not to leave them on their own in a bad situation. If a person isn't actually trans, they won't realise that without professional support. That's why the different stages exist.”
Jolyon Maugham, director of the Good Law Project, who is representing the teenager, said: “NHS England has a statutory duty to ensure that patients referred by their GP to a gender identity development service are seen within 18 weeks.”
“This is not happening, and as a result, we believe the law shows they should be providing alternative care to anyone on the waiting list. That could include private and overseas healthcare.
“Whilst the young people are waiting, puberty passes and transitioning becomes a lot harder - some people are effectively denied treatment.
“The NHS needs to make a cultural decision that trans people are real, and they have the same rights to treatment as everybody else.”
An NHS England spokesperson said: “There has been more than a 500% rise in the number of children and young people being referred to the Tavistock's gender identity service since 2013 as more people come forward for support and treatment.
“The NHS has already asked Dr Hilary Cass to carry out an independent review including how and when children and young people are referred to specialist services, so legal action against the NHS will only cost taxpayers' money and not help the actions already under way.”
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