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This account is mainly to tweet about the Equality Act, but that interacts with the Gender Recognition Act, so I am going to tweet here about a recent case: Jay v Secretary of State for Justice 2018 - suggests the GRA panel's ability to turn down applications will be more limited
It is this case from October 2018 independent.co.uk/news/uk/home-n….
It is about ‘Ms Jay’ a seven times dad convicted of obtaining explosives with intent to endanger life. The GRA panel (which includes medical and legal experts) turned Jay down three times, but a single judge sitting on his own overruled it and gave Jay the certificate.
The court judgement tells the whole story over 33 pages and I’ll break it down into tweet-sized chunks cloisters.com/images/M_Jay_v…
Jay sent to prison for 8 years. Has long psychiatric medical history with no mention of gender identity issues in records. Unstable personality traits. Behavioural impulsivity. Maladaptive coping strategies. Cuts into own testicle “with the intention of removing it”.
First GRC application while in prison: report from Dr James Barrett from London Gender Identity Clinic. Jay claims to have transitioned before prison & been in contact w clinics in London, Birmingham, Nottingham. Barrett sees no evidence “doubts veracity of whole history”
Barrett wonders whether Jay’s “ somewhat dependent personality had caused her to unwisely latch onto a change of gender role as a seemingly universal solution to both why her life had gone wrong and how it might be rectified.”
Out on parole. Second application supported by GP: has known Jay a couple of months & has not got full medical records. Says Jay being seen by Nottingham gender clinic. Jay writes: left Nottingham Gender Clinic “due to their total incompetence”.
Jay promises letter from “gender specialist” Helen Webberly but it never arrives. (You remember Dr Webberley telegraph.co.uk/news/2018/12/0…) Jay is back in prison after breaking parole. Attempts further self-surgery, removing part of testicles and penis.
Jay submits report prepared for a separate court case by forensic psychiatrist at secure hospital. Report is 34 pages w 26 pages redacted by Jay as “not relevant’. Says Jay has “sought help from Nottingham clinic” & from private specialists [sic] w expertise in gender dysphoria
Panel refuses again. Neither GP nor the forensic psychiatrist have credibly diagnosed gender dysphoria.
Out of prison again. Third GRC Application supported by Dr Vickie Pasterski. Vickie Pasterski is on the gov’s list of specialists gov.uk/government/pub…
This is Dr Pasterski reddit.com/r/transgenderU… reddit.com/r/transgenderU… reddit.com/r/transgenderU… 
Dr Pasterski’s report is glowing. No mention of past six years in prison or of previous hacking at own genitals.
Dr Pasterski's report seems strange. When did all this laser hair removal, breast augmentation & body sculpting happen - since Jay has only been out of prison a few months? Who paid for it? Why are there no medical records mentioning it?
The panel noticed this too, and start asking questions. Did Dr Pasterski know her patient had been in prison for most of past 6 years? Are there any medical records of treatment? Has Jay been employed since prison? Panel thinks Jay “may have something to hide”.
Jay responds with a letter vociferously complaining about the panel’s conduct, describing it as “pathetic” and “a total disgrace” (Jay often responds to panel by returning their letters with intemperate written comments)
November 2017 Jay breaks parole conditions again and goes back to prison. Files appeal against the panel’s decision. Supported by a report from another doctor who has only seen Jay once. (this is what the NHS say about diagnosis: nhs.uk/conditions/gen…)
At the appeal the Judge pronounces, without the panel, that he is convinced by the evidence that Jay has gender dysphoria. Judge says GRA is designed to be "permissive rather than restrictive" and the evidential requirements are ancillary to the statutory criteria.
With a GRC, government policy is that Jay must now be housed in a women's prison.
Link at the beginning not working. Here is the full judgement cloisters.com/images/M_Jay_v… The case history starts at the bottom of page 8
