Government considers widening ban on puberty blockers for children to include cross-sex hormones used for gender transition
Wes Streeting is considering extending the ban on puberty blockers for under-18s to include controversial cross-sex hormones, the High Court has heard.
It came as judges today rejected a legal challenge that would have forced the Health Secretary to include the gender drugs in the ban over concerns about their safety.
Lawyers representing a prominent 'detranstitioner' argued that the Health Secretary's approach to banning puberty blockers for children but not cross-sex hormones is 'irrational and unlawful'.
Keira Bell - who took the Tavistock gender clinic to court after she was given puberty blockers aged 16 - sought a Judicial Review against Mr Streeting and NHS England over the move to continue prescribing 'masculinising and feminising hormones'.
Zoe Gannon, representing Ms Bell and two other claimants, argued that the decision-making process within the Department of Health and Social Care (DHSC) was 'demonstrably flawed' and urged the court to allow the challenge 'in light of the risks posed to children'.
However Ian Steele, representing the DHSC, told the court on Wednesday that the legal bid to extend the ban was 'premature and academic' as the use of cross-sex hormones in children is now under review.
He said: 'The defendant [Mr Streeting] has instead rationally chosen to keep that possibility under review, and at his request, NHS England has established an expert working group to advise him, which is occurring in parallel with further work also being undertaken by the defendant's officials with a view to assisting his decision making.
'In light of that ongoing review, this claim is both premature and academic.' The working group is expected to report back in July.
This was welcomed by Ms Bell yesterday, who said she was 'relieved' that Mr Streeting is now considering a ban, adding: 'These powerful drugs should not be given to children.'
She said: 'Although the Secretary of State's decision to actively review making a ban on these drugs outside the NHS is long overdue, it is welcome that he is now taking a lead.
'The safety of vulnerable children and young people should be a first priority. It now looks like that is beginning to happen.'
This came despite the High Court yesterday [WEDS] rejecting Ms Bell's challenge, with judges accepting that it would be 'premature' to allow the claim given the DHSC has established a working group to examine the use of the gender drugs.
Dismissing the bid, Lady Justice Whipple, sitting with Mr Justice Johnson, said there was a need for a 'careful' approach to decision making in this area, and that is 'what the Secretary of State is doing'.
She added: 'This is an immensely difficult and sensitive area of policy formation where there are strong and genuinely held views on each side of the debate and where there is no consensus.'
Lady Justice Whipple also found that it was not 'unreasonable or irrational' for the Government to address the question of puberty blockers first before considering cross-sex hormones later.
Paul Conrathe, a lawyer representing the claimants, told the Mail: 'Although my clients were not granted permission to bring a Judicial Review, they are delighted that the litigation has led to the Secretary of State setting up a working group to urgently review the possibility of a ban on cross-sex hormones being prescribed to children.
'This is long overdue as vulnerable children have been accessing powerful, life-changing, irreversible drugs from activist clinicians in the private sector.'
It comes after the Health Secretary announced an indefinite ban on puberty blockers for under-18s in December due to the 'unacceptable safety risk' they pose.
Mr Streeting said the decision had been taken following the 'scandal' of thousands of children being handed the puberty-halting medication without proof it is safe.
It came after the landmark Cass Review found that children questioning their gender had been 'let down by a lack of research' and 'remarkably weak' evidence on medical interventions.
Baroness Cass advised 'extreme caution' around the use of hormone treatment in under-18s and said that there should be a clear clinical rationale for not waiting until somebody reaches 18.
A DHSC spokesman said: 'Children's healthcare must always be led by evidence. That is why this government is implementing the recommendations from the Cass Review and acted immediately to extend the puberty blockers ban and make it permanent.
'We are continuing our work with the NHS to reform gender services to ensure young people receive timely, holistic care and support, while reviewing the use of cross-sex hormones.'
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