AB v Gender Recognition Panel

AB v Gender Recognition Panel

The Panel erred in law by failing to consider all relevant evidence, misapplying the statutory requirements regarding medical evidence, and acting procedurally unfairly by not requesting further information or convening a hearing. The evidence established that the appellant had lived in the acquired gender for the requisite period and intended to do so until death. The requirements of the Gender Recognition Act 2004 were met and a certificate should be issued.

Parties
Applicant: AB; Respondent: Gender Recognition Panel
Jurisdiction
England and Wales
Judgment Date
28 June 2024
Procedural Posture
Appeal / Judgment on Appeal From Administrative Tribunal
Outcome
Appeal allowed
Legal Topics
Gender Recognition, Procedural Fairness, Statutory Interpretation, Transgender Rights
Administrative Law Family Law Human Rights Gender Recognition Procedural Fairness Statutory Interpretation Transgender Rights

Case Brief

Summary, issues, holding and outcome

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Parties

AB

Applicant

Gender Recognition Panel

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Administrative Tribunal

Legal Issues

  1. 1 Whether the Gender Recognition Panel erred in law in refusing the appellant's application for a gender recognition certificate under the Gender Recognition Act 2004
  2. 2 Whether the Panel gave insufficient weight to the evidence of living in the acquired gender and intention to do so until death
  3. 3 Whether it was procedurally unfair to dismiss the application without requesting further evidence or convening a hearing

Ratio Decidendi

The Panel erred in law by failing to consider all relevant evidence, misapplying the statutory requirements regarding medical evidence, and acting procedurally unfairly by not requesting further information or convening a hearing. The evidence established that the appellant had lived in the acquired gender for the requisite period and intended to do so until death. The requirements of the Gender Recognition Act 2004 were met and a certificate should be issued.

Court Disposition

Appeal allowed

Orders

  • The decision of the Gender Recognition Panel is set aside.
  • A Gender Recognition Certificate is to be issued to the appellant confirming her gender as female.