In Quincy Bell and Mrs A v The Tavistock and Portman NHS Foundation Trust and others [2021] EWCA Civ 1363, a former patient who had been treated with puberty blockers as a 16-year old, progressed to cross-sex hormones and began surgical intervention to transition from female to male, regretted the decision and terminated her treatment.
Teaching Hospitals NHS Trust v DV (A Child) [2021] EWHC 1037
The case concerned an application by an NHS Trust which would permit them to not provide blood transfusions or treatment involving blood products to a 17 years and 4 month old patient, DL.
DL was required to undergo surgery for cancer and had a long history of medical intervention. Three years ago he had been baptised as a Jehovah s Witness, and in adherence to his faith did not wish to receive blood transfusions or treatment involving blood products. Prior to his baptism but whilst expressing interest in his faith, he had received a transfusion which had led him to suffer PTSD. The Trust sought a declaration that not providing transfusions should they become necessary in his latest surgery was not unlawful. DL, the Trust, and his parents (who were also Jehovah s Witnesses) had a good relationship and all agreed the surgery should take place – the only issue was treatment in the event of rare but possible complicat
The Legal Rights and Wrongs of Puberty Blocking in England Date:11 APR 2021
Hannah Hirst, PhD student, University of Liverpool, School of Law and Social Justice
Keywords: Puberty blockers – children’s rights – access to health – UNCRC – consent – Gillick – parental responsibility - best interests – gender
By analysing the recent ruling reached by the High Court in
R (on the application of) Quincy Bell and A v Tavistock and Portman NHS Trust and others and consequent amendments to NHS England’s Service Specification regulating pubertal blocking, this article considers the impact of the decision on children’s rights in three areas: health, capacity, and involvement. It argues that the court’s narrow approach to defining health led the judges to focus on the biological outcomes of puberty blockers and overlook the psychosocial consequences of withholding or delaying treatment. In the context of capacity, the Bell judgement impacts the rights of gender d