N v N (Expert Evidence on Gender Affirming Treatment)

N v N (Expert Evidence on Gender Affirming Treatment)

Permission to instruct a single joint expert endocrinologist (Dr Cotterill) is granted as necessary to resolve the proceedings justly; no permission is given for psychiatric expert evidence due to lack of prima facie evidence of incapacity or grave harm; parents are not permitted to instruct their own experts unless necessity is demonstrated after receipt of the joint report.

Parties
Applicant: ATN; Applicant: NTT; Respondent: BTN
Jurisdiction
England and Wales
Judgment Date
06 April 2025
Procedural Posture
Children Proceedings / Case Management Hearing
Outcome
Permission granted for single joint instruction of Dr Cotterill as expert endocrinologist; permission for psychiatric expert evidence refused; parents not permitted to instruct their own experts at this stage.
Legal Topics
Capacity to Consent, Gender Affirming Treatment, Expert Evidence, Best Interests of the Child
Family Law Medical Law Child Welfare Capacity to Consent Gender Affirming Treatment Expert Evidence Best Interests of the Child

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

ATN

Applicant

NTT

Applicant

BTN

Respondent

Procedural Posture

Children Proceedings / Case Management Hearing

Legal Issues

  1. 1 Whether permission should be granted to instruct expert evidence on gender affirming treatment for a 17-year-old
  2. 2 Whether the respondent lacks capacity to consent to medical treatment
  3. 3 Whether it is in the respondent's best interests to continue or cease hormone replacement therapy

Ratio Decidendi

Permission to instruct a single joint expert endocrinologist (Dr Cotterill) is granted as necessary to resolve the proceedings justly; no permission is given for psychiatric expert evidence due to lack of prima facie evidence of incapacity or grave harm; parents are not permitted to instruct their own experts unless necessity is demonstrated after receipt of the joint report.

Court Disposition

Permission granted for single joint instruction of Dr Cotterill as expert endocrinologist; permission for psychiatric expert evidence refused; parents not permitted to instruct their own experts at this stage.

Orders

  • Dr Cotterill to be jointly instructed to answer specified questions regarding benefits and risks of HRT for B.
  • No psychiatric expert evidence to be instructed.