Susan Evans & Anor, R (on the application of) v Care Quality Commission & Ors
The CQC's registration and assessment decisions regarding Gender Plus Healthcare Limited's provision of hormone treatment to 16-17 year olds were rational and lawful; the CQC properly considered relevant NHS standards and structural differences, undertook thorough assessments, and its decisions fell within the reasonable range open to it under the Health and Social Care Act 2008 and related regulations.
- Parties
- Claimant: Susan Evans; Claimant: XX; Defendant: Care Quality Commission; Interested Party: Gender Plus Healthcare Limited; Interested Party: Secretary of State for Health and Social Care; Interested Party: National Health Service Commissioning Board; Interested Party: YY; Interested Party: ZZ
- Jurisdiction
- England and Wales
- Judgment Date
- 31 July 2025
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- Claim dismissed
- Legal Topics
- Judicial Review, Healthcare Regulation, Children's Rights, Medical Treatment, Process and Outcome Irrationality, Padfield Principle
Case Brief
Summary, issues, holding and outcome
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Parties
Susan Evans
Claimant
XX
Claimant
Care Quality Commission
Defendant
Gender Plus Healthcare Limited
Interested Party
Secretary of State for Health and Social Care
Interested Party
National Health Service Commissioning Board
Interested Party
YY
Interested Party
ZZ
Interested Party
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether the CQC's registration and assessment decisions regarding Gender Plus Healthcare Limited's provision of hormone treatment to 16-17 year olds were irrational or unlawful
- 2 Whether the CQC failed to take into account material considerations regarding patient safety and NHS standards
- 3 Whether the CQC's decisions frustrate the policy and objects of the Health and Social Care Act 2008 and related regulations
Ratio Decidendi
The CQC's registration and assessment decisions regarding Gender Plus Healthcare Limited's provision of hormone treatment to 16-17 year olds were rational and lawful; the CQC properly considered relevant NHS standards and structural differences, undertook thorough assessments, and its decisions fell within the reasonable range open to it under the Health and Social Care Act 2008 and related regulations.
Court Disposition
Claim dismissed
Full Case Text
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