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Barbara Rich Profile picture
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4 Dec, 9 tweets, 4 min read
I tweeted yesterday about the “GenderGP Charitable Fund”. It isn’t a charity registered in England and Wales, and doesn’t appear to be a charity at all. The announcement of its launch is still the pinned tweet on the timeline of @GenderGP and no statement has been made about it Image
All of the information published about the fund suggests that contributions to it will be paid to the business which trades as GenderGP to fund provision of its commercial service to individuals who cannot afford it themselves

gendergp.com/gendergp-launc… ImageImageImage
There is no transparency even to identify the recipient of contributions, which are processed through a third party payments service, or the legal status or administration of the fund. If it is not a charity, it should not describe itself as a charitable fund
Not only is it not a registered charity in England and Wales, it’s difficult to see how it could ever become a registered charity here. It is not separate from the business of GenderGP and it surely cannot have public benefit if its purposes are inconsistent with English law
As they would be here, as, following the ruling in Bell v Tavistock, GIDS published information on its website, making it clear that all providers were bound by the ruling in relation to puberty blocking medication administered in England and Wales

gids.nhs.uk/information-fo… Image
Nor could the so-called charitable fund be registered as a charity in England and Wales unless it was subject to the jurisdiction of the High Court here, and independent of control by the business trading as GenderGP. This fund is not a charity

gov.uk/government/pub… Image
The corporate structure and ultimate beneficial ownership of the holding company since 2018, Harland International Ltd, registered in Hong Kong, lacks transparency. There is no apparent accountability for this fund or for the use of contributions made to it
GenderGP describes itself as acting with integrity and being open and honest. Where is the integrity in misdescribing fundraising for a trading company as charitable?

gendergp.com Image
Whilst I was typing out this thread and adding links and screenshots, GenderGP changed the published material on its website and Twitter feed to remove the word “charitable” from the description of the fund. It was right to do so. It was not and could not have been a charity

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More from @BarbaraRich_law

Barbara Rich Profile picture
3 Dec
Following the ruling in Keira Bell’s case @gendergp have launched “The Gendergp Charitable fund”. This does not currently appear to be a registered charity in England and Wales, and the word “Charitable” should not be used without the permission of the Charity Commission
I know that GenderGP is based outside the UK, and this fund may have a non-UK bank account. But it is being promoted to the public with a name that includes an English word which is restricted in charities subject to @ChtyCommission regulation, and I think that raises concerns
As does the fact that the fund’s object appears to be to promote access to medical treatment for young people in a way that does not comply with a recent ruling of the High Court in England. Can that be described as being for the public benefit in English charity law?
Read 7 tweets
Barbara Rich Profile picture
2 Dec
Reading and thinking and talking about the decision in Keira Bell's case - I am glad the court reached the decision that it did, and hope it withstands any appeal
The language of the discussion in paragraph 138 of the information relevant to achieving Gillick competence for this decision is identical to that in s3(1) and (4) of the Mental Capacity Act 2005, which applies to adults Image
Identifying the nature and extent of information relevant to a decision has been an important aspect of the development of the law under the MCA, particularly in relation to capacity to consent to sex, an extremely important aspect of personal autonomy
Read 5 tweets
Barbara Rich Profile picture
19 Nov
The will of Starkie (or Starkey) Jennings 1769-1833, a fascinating 19th century example of a will made by a man of full testamentary capacity, but a disability which prevented him from articulating his wishes in a conventional way - it contains pictures of his daughters instead
A very touching real-life example of the principle that a person is not to be treated as lacking capacity unless all practicable steps have been taken to help him, now in s1(3) of the Mental Capacity Act 2005
On the page of dispositive provisions, he was able to mark with his pen which of his properties, drawn and named, should go to which of his daughters, also individually drawn and named
Read 8 tweets
Barbara Rich Profile picture
31 Oct
About a year ago, I was researching and writing a legal blog on a 2019 inheritance case which had given rise to a lot of comment, on how the law of property and succession determines who is the survivor where the order in which people died is uncertain

link.medium.com/GRHbePg31ab
Part of the history of this question of law is a case which arose out of the death of an officer of Sir John Franklin’s 1845 expedition to the Arctic in search of the North-West passage, a disaster, and a mystery, in which every life was lost. I pursued my interest in this story
And over the course of this year have researched and written about the life stories behind and beyond the case, a remarkable decision for its time, ultimately based on hearsay evidence from Inuit inhabitants of the Arctic, links below

link.medium.com/HagqREV31ab
Read 7 tweets
Barbara Rich Profile picture
15 Sep
Judgment of the Court of Appeal in the women’s pensions #backto60 case, unanimously dismissing the appeal. Court ruled there was 1. no age discrimination, 2. sufficient notice to those affected by changes by DWP, 3. too long a delay in seeking judicial review
No age or sex discrimination, I should have said. The ruling will be a bitter disappointment to campaigners and crowdfunding supporters of the appeal
A disappointment exacerbated by the way in which expectations of the outcome (that the legal arguments would prevail, and that individual women would receive financial restitution) were raised by the campaigners, hand in hand with crowdfunding which lacked transparency
Read 5 tweets
Barbara Rich Profile picture
30 May 18
A short thread to highlight & add to @AdamWagner1 article on the US alt-right's narrative of justice in the UK, as seen through recent high-profile cases which have attracted worldwide attention 1/
It isn't limited either to the US or to a monolithic 'alt-right' as responses to the two English infants' end-of-life best interests decisions (Charlie Gard & Alfie Evans) in the last year have showed 2/
Some in the USA have used these decisions as a sounding board for opposition to state-funded universal healthcare ("single payer", "death panels") even though it was not a factor in the decision in either case 3/
Read 10 tweets

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