Thread by @Transgendertrd

Thread no. 4 (we think). The significance of the Judicial Review, Chair David Morgan.
A discussion with David Bell and Sophie Kemp legal expert in Public Law.
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A judicial review is a legal course of action whereby someone can challenge a decision of a public body on the grounds that it is unfair, illegal or irrational. Court doesn't look at the merits, but the process and legality of the policy.

Issue at heart of the case was consent, whether informed consent in the legal sense can be given. Court found children under the age of 18 do not have capacity to give informed consent, children under 13 never, older children need to apply to court of protection.

They found puberty blockers are not putting children on pause, but putting them on pathway to cross-sex hormones. David Bell points out judgment made many points on governance. Court expressed it in classic way 'we are very surprised at..' lack of data etc.

The Appeal won't look at the wider architecture of the service, it will focus on the issue of consent. New evidence can be brought. High court made a blanket decision so that will be something the judges will take time over.

The question is why does it need to go to legal proceedings to get to this point? (that's not a legal comment..) David Bell says this area is not open to the normal level of scrutiny, it's part and parcel of the non-thinking cultural environment around trans issues.

Other lawyers looking at this case have been open-mouthed. Does it open the door to claims for damage? Sophie Kemp: it's not my area, but it may well open up that possibility if it can be shown as negligence.

David Bell: Why does one need a special service for gender dysphoria? Should be integrated into general services. Chances of success on appeal are not good. Permission was granted to appeal on the basis of Gillick. Likely to end up in the Supreme Court.

How does this impinge on other countries? Sophie Kemp: other jurisdictions will take into account, but it's not binding on outside jurisdictions. David Bell talking about risk of children getting blockers from private providers.

Doesn't mean we don't have a responsibility to challenge the GIDS service. Sophie Kemp: we have to ensure the state service does no harm. Have to ensure the responsibility of national service.

Sophie Kemp: it's not the case that under-13's can't give informed consent on other experimental issues. This case concerned a very specific issue. Julie Bindel: we need to go back to challenging the diagnosis as a concept, considering it a personal rather than societal fault.

Heather Brunskell-Evans @brunskellevans: this is a fabrication, the transgender child is a fiction, it's a phenomenon that doesn't even exist.

We're on to the Q & A now by the way. Marcus Evans: in mental health you have no idea what's going to happen, what will develop. This is the problem with 'diagnosis'. Sue Evans: mental health has become such a dirty word in this area. We need to treat people holistically.

David Bell: All psychiatric diagnoses reflect current cultural & social phenomena. People don't experience 'discomfort' but completely want out of their body. In an earlier era, it may have remained 'discomfort', today it's experienced as excruciating intolerance.

Lisa Marchiano: the treatment creates demand for the treatment. Marcus Evans: go back 100 years, there was little diagnosis of depression. Treataments were developed and more and more people saw their problems as depression.

Sophie Kemp: the court recognised that puberty blockers led to cross-sex hormones despite the claim they give them time to think. Sue Evans: recent CQC report showed consent was not even secured in some cases.

Sue Evans: In the clinic as soon as you say to that child 'I agree there is something wrong with you', you have changed the life of that child. Giving a child puberty blockers at age 10 means you have sterilised them.

David Bell is thanking everyone. It has been a brilliant conference, excellent talks, moving and riveting. Our tweets could not do it justice but we did our best. It has been recorded so hopefully you'll be able to listen. Signing off now with our thanks.
#donotadjustyourset2021