Gillick competence, puberty-blockers and the Court of Appeal – Local Government Lawyer

‘Alex Ruck Keene examines the Court of Appeal’s ruling in the high-profile case on referrals for the prescription of puberty-blockers to children and young people under 18.’

Full Story

Local Government Lawyer, 24th September 2021

Source: www.localgovernmentlawyer.co.uk

Law and the Culture War – UK Human Rights Blog

Posted September 23rd, 2021 in belief discrimination, equality, gender, human rights, news, transgender persons by tracey

‘The judgment in Forstater v CDG Europe UKEAT/0105/20/JOJ has forced the courts yet again to grapple with the transgender debate. We have already seen the judiciary face up to the challenging issues of whether children with gender dysphoria can consent to receiving puberty blockers (see recent decision in Bell v Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363). In the present case, the issue was whether the Claimant’s belief that biological sex is real, important, immutable, and not to be conflated with gender identity was a “philosophical belief” within the meaning of section 10 of Equality Act 2010 (“EqA”).’

Full Story

UK Human Rights Blog, 21st September 2021

Source: ukhumanrightsblog.com

Law and the Culture War – UK Human Rights Blog

‘The judgment in Forstater v CDG Europe UKEAT/0105/20/JOJ has forced the courts yet again to grapple with the transgender debate. We have already seen the judiciary face up to the challenging issues of whether children with gender dysphoria can consent to receiving puberty blockers (see recent decision in Bell v Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363). In the present case, the issue was whether the Claimant’s belief that biological sex is real, important, immutable, and not to be conflated with gender identity was a “philosophical belief” within the meaning of section 10 of Equality Act 2010 (“EqA”).’

Full Story

UK Human Rights Blog, 21st September 2021

Source: ukhumanrightsblog.com

Ruling limiting under-16s puberty blockers overturned – BBC News

Posted September 17th, 2021 in children, consent, gender, medical treatment, news, transgender persons by tracey

‘Doctors can judge if under-16s can give informed consent to puberty blocker use, the Court of Appeal has ruled.’

Full Story

BBC News, 17th September 2021

Source: www.bbc.co.uk

NHS child gender identity clinic whistleblower wins tribunal – BBC News

‘A woman who raised concerns about the safety of children at an NHS gender clinic has been awarded £20,000 in an employment tribunal case.’

Full Story

BBC News, 5th September 2021

Source: www.bbc.co.uk

Striking the Balance – Carmelite Chambers

Posted August 26th, 2021 in judicial review, news, prisons, sex discrimination, transgender persons by sally

‘Criminal justice practitioners will be well versed on the difficulties overcrowding, gang affiliation and substance misuse pose to the safe management of prisons. However, as society gradually opens its eyes to the fluidity and diversity of gender the prison estate has been forced to confront a new challenge. In July 2019 “The Care and Management of Individuals who are Transgender” Policy (“the Care Management Policy”) was published.’

Full Story

Carmelite Chambers, 19th August 2021

Source: www.carmelitechambers.co.uk

Trans women in female jails policy lawful, High Court rules – BBC News

Posted July 5th, 2021 in news, prisons, transgender persons, women by tracey

‘It is lawful for transgender women to be housed in female jails in England and Wales, the High Court has ruled.’

Full Story

BBC News, 3rd July 2021

Source: www.bbc.co.uk

Forstater v CGD Europe: when is a belief worthy of respect in a democratic society? – Parklane Plowden Chambers

‘Choudhry J’s judgment in Maya Forstater v CGD Europe is well-reasoned and clear, and repays reading in full for anyone interested in the difficult interplay between the rights of those with conflicting protected characteristics.’

Full Story

Parklane Plowden Chambers, 29th June 2021

Source: www.parklaneplowden.co.uk

Maya Forstater v CGD Europe and Others – No. 5 Chambers

‘What does it mean for a belief to not be worthy of respect in a democratic society? In Maya Forstater v CGD Europe and Others UKEAT/0105/20/JOJ, the Employment Appeal Tribunal sought to answer this question.’

Full Story

No. 5 Chambers, 11th June 2021

Source: www.no5.com

High court ruling on puberty blockers ‘based on partisan evidence’ – The Guardian

Posted June 24th, 2021 in children, consent, medical treatment, news, transgender persons by sally

‘A landmark 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 undermined their entitlement to make decisions for themselves and was based on “partisan expert evidence”, the court of appeal has heard.’

Full Story

The Guardian, 23rd June 2021

Source: www.theguardian.com

News Woman wins appeal against losing job for tweets about transgender people – The Independent

‘A woman who lost her job after tweeting that men cannot change their biological sex has won her appeal against an employment tribunal.’

Full Story

The Independent, 10th June 2021

Source: www.independent.co.uk

Bell v Tavistock and the Implications for Trans Children, Part 2: the Law after AB v CD and others – Family Law Week

‘As set out in my previous article, the decision of the High Court in Bell & Anor v The Tavistock And Portman NHS Foundation Trust [2020] EWHC 3274 (“Bell v Tavistock”) arguably raised more questions than it answered for transitioning children and their families. The principal legal issue for the court to adjudicate in Bell v Tavistock was whether a child or young person under the age of 16 could achieve Gillick competence in respect of the decision to take puberty blockers [133]. The court specifically declined to address whether parents could consent to the use of puberty blockers on their child’s behalf, as this was not the Gender Identity Development Service’s (“GIDS”) policy; GIDS relied on consent of the child or young adult being treated.’

Full Story

Family Law Week, 24th May 2021

Source: www.familylawweek.co.uk

SRA and BSB change approaches to gender in diversity surveys – Legal Futures

‘Both the Solicitors Regulation Authority (SRA) and Bar Standards Board (BSB) are this year changing their approach to recording the sex and gender of those they regulate, it has emerged.’

Full Story

Legal Futures, 14th May 2021

Source: www.legalfutures.co.uk

Cost of changing legal gender cut to less than £10 – BBC News

Posted April 8th, 2021 in birth certificates, fees, gender, marriage, news, transgender persons by sally

‘The £140 fee to apply for a gender recognition certificate will be cut to “single figures” from next month, according to government sources.’

Full Story

BBC News, 7th April 2021

Source: www.bbc.co.uk

High Court Rules Parents Can Consent to Puberty Blockers On Their Child’s Behalf – Each Other

‘On Trans Day of Visibility 2021, trans children in England and Wales may feel a little more visible, after a recent High Court decision confirmed that parents can consent to their children being prescribed puberty blockers and a court application will not normally have to be made.’

Full Story

Each Other, 31st March 2021

Source: eachother.org.uk

Parents can consent to children being given puberty blockers, High Court rules – The Independent

‘Parents can consent to their child being given puberty blockers without applying for a court’s approval, the High Court has ruled following a case that contested whether under-16s were able to give permission themselves.’

Full Story

The Independent, 27th March 2021

Source: www.independent.co.uk

A Campaign To Include Mx Title On All Forms Is Gaining Momentum. Here’s Why It’s Important – Each Other

Posted March 2nd, 2021 in electronic commerce, equality, gender, news, transgender persons by sally

‘Include Mx, which was launched in November 2020, is a micro campaign that approaches businesses and organisations to ask them to include Mx as an option on forms. Mx is a gender neutral honorific that was first coined and used in the 1970s. It’s used by those who do not identify as a particular gender, as well as those who do not want to reveal their gender.’

Full Story

Each Other, 1st March 2021

Source: eachother.org.uk

Government agrees to call pregnant ministers ‘mothers’ – The Independent

‘The government has agreed to change the wording in its new maternity leave legislation from referring to “pregnant people” to “mothers” after the phrasing was rejected by the House of Lords – despite gender-neutral language being government convention.’

Full Story

The Independent, 26th February 2021

Source: www.independent.co.uk

“Gender reassignment: expanding the protected characteristic” ELA article by Robin Moira White and Sioban Calcott (Brethertons) – Old Square Chambers

Posted February 11th, 2021 in chambers articles, employment, equality, gender, news, transgender persons by sally

‘Old Square Chambers’ Robin White and Sioban Calcott from Brethertons LLP have written an article on “Gender reassignment: expanding the protected characteristic” in the ELA Briefing 2021.’

Full Story

Old Square Chambers, 9th February 2021

Source: oldsquare.co.uk

High court grants leave to appeal to UK gender identity service – The Guardian

Posted January 21st, 2021 in appeals, consent, gender, medical treatment, news, transgender persons, young persons by sally

‘An NHS trust has been allowed to appeal against a high court decision that barred it from referring under-16s for puberty-blocking treatment.’

Full Story

The Guardian, 19th January 2021

Source: www.theguardian.com