Puberty blocker ban lawful, High Court rules

The ban on puberty blockers introduced by the previous government through emergency legislation was lawful, the High Court has ruled.

Former health secretary Victoria Atkins restricted the use of the drugs in children and young people with gender dysphoria under emergency powers at the end of May.

A transgender rights group then filed a lawsuit, arguing that she failed to consult with patient groups and abused the emergency process.

Health Minister Wes Streeting said he welcomed the court’s decision, adding that children’s health care must be “evidence-based”.

TransActual UK said it condemned the High Court’s decision and would seek to appeal.

The case follows Hilary Cass’s review earlier this year, which revealed a lack of evidence regarding the treatment of under-18s with puberty-blocking drugs.

Puberty blockers are medications used to delay or prevent puberty.

In March 2024, NHS England decided that puberty blockers would no longer be a routine treatment for children with gender dysphoria. At this point, puberty blockers were only approved for use in NHS clinical trials.

In May, following the Cass review, the Conservative government tightened the rules on these drugs, introducing an emergency ban on their prescription by private and European prescribers.

Campaign group Trans Actual has challenged the then health secretary’s order to further restrict the use of puberty blockers.

Following the High Court ruling, Mr Streeting said he welcomed the decision.

“Children’s health care must be evidence-based.

“Dr Cass’s study found that there was insufficient evidence that puberty blockers were safe and effective for children with gender dysphoria and gender incongruence.

“We must therefore act with caution and care when dealing with this vulnerable group of young people.”

Mr Streeting said he was working with NHS England to improve gender identity services for children and was setting up a clinical trial to establish the evidence for puberty blockers.

“I want transgender people in our country to feel safe, accepted and able to live freely and with dignity,” he added.

Chay Brown, healthcare director at TransActual UK, said the outcome of the case was “disappointing”.

“The evidence presented by the defense clearly shows that they first decided on an emergency ban and then looked for ways to justify it,” he said.

“The judgment relies heavily on the widely discredited Cass study – the work of someone with no experience in transgender healthcare.”

Mr Brown said transgender researchers were excluded from the review team and that it was led by someone who has since been elevated to the House of Lords by the outgoing Conservative administration.