London, UK -- (SBWire) -- 12/02/2020 --Keira Bell has today won a landmark judgement against the Tavistock NHS Trust over the issue of puberty blockers being given to children with gender dysphoria.
In a statement, Paul Conrathe, Human Rights Solicitor commented, "Today the court has handed down an historic judgement that protects children who suffer from gender dysphoria. It is also raises serious concerns regarding clinical practice at the Tavistock."
The judgment of the Court seeks to protect children and young people from an experimental treatment. The judgement issed by the High Court in London noted, "The combination here of lifelong and life changing treatment being given to children, with very limited knowledge of the degree to which it will or will not benefit them, is one that gives significant grounds for concern…Apart perhaps from life-saving treatment, there will be no more profound medical decisions for children than whether to start on this treatment pathway."
The court has declared that, "to achieve Gillick competence the child or young person would have to understand not simply the implications of taking PBs but those of progressing to cross sex hormones. The relevant information therefore that a child would have to understand, retain and weigh up in order to have the requisite competence in relation to PBs, would be as follows: (i) the immediate consequences of the treatment in physical and psychological terms; (ii) the fact that the vast majority of patients taking PBs go on to CSH and therefore that s/he is on a pathway to much greater medical interventions; (iii) the relationship between taking CSH and subsequent surgery, with the implications of such surgery; (iv) the fact that CSH may well lead to a loss of fertility; (v) the impact of CSH on sexual function; (vi) the impact that taking this step on this treatment pathway may have on future and life-long relationships; (vii) the unknown physical consequences of taking PBs; and (viii) the fact that the evidence base for this treatment is as yet highly uncertain."
During the course of its judgement the Court frequently noted with surprise the lack of basic data which should inform effective management of clinical practice. This was especially so given the young age of the patient group, the experimental nature of the treatment and the profound impact it has.
The Court stated that the Tavistock's view that providing puberty blockers was a standalone treatment did not reflect reality. It was part of a more serious medical pathway towards lifelong irreversible treatment. The Court also found that the Tavistock was providing treatment on the basis of a false assumption by believing that if they gave children lots of information and discussed it often enough then they could provide valid informed consent. There were enormous difficulties for children under the age of 16 years old to understand what the loss of fertility would mean for them as well as the resulting sexual dysfunction as an adult.
Paul Conrathe continued, "Ultimately this case was decided on the facts that were known by the Tavistock. Ironically, and as matter of serious concern, despite its international reputation for mental health work this judgment powerfully shows that a culture of unreality has become embedded in the Tavistock. This may have led to hundreds of children receiving this experimental treatment without their properly informed consent."
Today's judgement opens the floodgates for expensive clinical negligence claims. It also raises serious questions. How was a culture of such unreality able to embed in the heart of such a reputable organisation? Why did the management not pay heed to the numerous concerns raised by whistle-blowers over many years?
With the Tavistock's credibility seriously damaged there is an urgent need for root and branch reform of the institution. It is also vital that effective clinical treatment options are urgently made available for children and young people who suffer from GD.
Paul Conrathe concluded, "In light of the serious concerns raised in the judgment of the court and the culture that has become embedded in the Tavistock we will be calling on the Government to conduct an urgent public inquiry."
More information about Paul Conrathe can be found at https://www.sinclairslaw.co.uk/meet-the-team/paul-conrathe
To request interviews with Paul Conrathe please contact Iconic Digital on 020 7100 0726.
Keira Bell Wins Landmark Judgement Against Tavistock NHS Trust
Keira Bell, represented by Paul Conrathe, the human rights lawyer with Sinclairslaw has today won a landmark judgement against the Tavistock NHS Trust over the issue of puberty blockers being given to children with gender dysphoria.