Susan Evans & Anor, R (on the application of) v Care Quality Commission & Ors

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

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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

  1. 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. 2 Whether the CQC failed to take into account material considerations regarding patient safety and NHS standards
  3. 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