We are expecting a judgment in Evans & XX vs CQC at 2 pm this afternoon.
Our coverage this morning's appeal hearing can be found here: open.substack.com/pub/tribunaltw…
J - I have produced the written judgment over the lunch time but I will read out the opening part then make it available to the parties for editorial corrections.
A hearing to appeal a JR outcome, there were 2 decisions being appealed.
The first is a license to prescribe cross sex hormones to 16 and 17 years old. And the second is the carrying out of that activity. The judge who gave permission for the JR, said - hormone treatment introduces irreversible changes, this is subject to significant public debate.
This is not to decide if this is a good treatment but whether the CQC exercised its powers appropriately. There are 3 grounds of appeal, I have refused appeal on all 3 grounds as they have no reasonable possible chance of success.
A copy of the judgment is distributed to the barristers and the Judge has asked for any editorial corrections from the parties by tomorrow at 12 pm.
Judge asked the parties for any additional issues.
TC - no.
JB & PM both ask for costs.
Judge - declines to award costs as R parties were invited to attend but it was not mandatory.
Court rises.
End of afternoon session.
@threadreaderapp unroll.
• • •
Missing some Tweet in this thread? You can try to
force a refresh
We hope to report on an appeal for a judicial review (JR) today. Susan Evans (a former NHS psychiatric nurse and psychotherapist) and "XX" (an anonymised mother), are seeking a JR of a decision to grant a license to grant a licence to Gender Plus Healthcare Ltd
Expected start time is 10:30 in Court Room 75. The initial application for a JR was refused, the claimants are appealing that decision.
A reminder that our reporting is not a transcript; we report what we hear and can transcribe. Appeals are particularly challenging as it is largely legal argument.
Judge Smith asked the counsel to address the grounds of appeal when Kevin Lister's application to appeal the DBS barring decision when we return at 2pm.
We are reporting from the Upper Tribunal where Kevin Lister (KL) is appealing his prohibition from working with children in any regulated activity.
KL was referred to the Disclosure and Barring Service (DBS) by his employer, a further and higher education establishment, in January 2023.
The DBS referral followed his dismissal by the employer for misconduct. KL was unsuccessful in his claim for unfair dismissal and is separately appealing the employment tribunal decision on indirect discrimination.
Our coverage of Kevin Lister's related case, the employment tribunal with New College Swindon is here. open.substack.com/pub/tribunaltw…
There are 2 Rule 14 anonymity orders. Specified people must remain anonymous.
Good afternoon; this is the final day of public hearings in the case of Ms B Hutchinson & others vs Durham and Darlington NHS Foundation Trust at employment tribunal.
NF: Not quite what I meant. If single-sex communal Art8 *might* be engaged; but if it's mixed sex, a woman might encounter a man, that is a much greater effect on Art 8.
NF: Reg 24 - propriety - we say yes, is engaged because changing is to underwear. It might not if it was only re changing coats.
NF: Re Rose Art8 rights - RH always had choice to ask for a private changing space, and we heard from Ms Bailey that Trust had done that in a similar siguation in the past.
Evidence is completed in B Hutchison and others vs County Durham and Darlington NHS Foundation Trust. We will shortly be live tweeting the second part of this morning's Submissions.
Evidence is completed in B Hutchison and others vs County Durham and Darlington NHS Foundation Trust. We will be live tweeting submissions starting today, Tuesday 11 November, from 10 am.
Link to our coverage here.
https:// open.substack.com/pub/tribunaltw
Abbreviations:
C/Ns - Claimants - the Darlington nurses
NF - Niazi Fetto KC, barrister for Claimants
MP - Michael Phillips, solicitor for claimants
PS - Pavel Stroilov, C’s solicitor, preliminary hearing
R/T/Trust - Respondent, County Durham and Darlington NHS Foundation Trust
SC - Simon Cheetham, KC, barrister for respondents
J/REJ - Regional Employment Judge Robertson
EJ - Employment Judge
ET - Employment Tribunal
RH - Rose Henderson, trans identifying nurse
DMH/H/Hospital - Darlington Memorial Hospital