J (Transgender: Puberty Blocker and Hormone Replacement Therapy), Re

J (Transgender: Puberty Blocker and Hormone Replacement Therapy), Re

No final determination is made as the parties agree to J's assessment by Gender Plus and no immediate issue of capacity or further treatment arises. The court declines to rule on the father's wider legal submissions or to give general guidance, limiting its decision to endorsing the agreed plan for assessment. The...

Source-derived case information.

Parties
Applicant: EF; First Respondent: LM; Second Respondent: J (a child, acting through his Children’s Guardian, Sarah Gwynne)
Jurisdiction
England and Wales
Judgment Date
20 November 2024
Procedural Posture
Children Act and Inherent Jurisdiction Application / Interim Judgment; No Final Determination; Directions and Guidance
Outcome
No final orders; interim endorsement of agreed assessment plan; no determination of capacity or best interests at this stage.
Legal Topics
Consent to Medical Treatment by Minors, Gender Dysphoria, Parental Responsibility, Inherent Jurisdiction, Capacity Under Mental Capacity Act, Prohibited Steps Orders, Cross Sex Hormone Treatment
Family Law Medical Law Children Law Consent to Medical Treatment by Minors Gender Dysphoria Parental Responsibility Inherent Jurisdiction Capacity Under Mental Capacity Act +2 more

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Parties

EF

Applicant

LM

First Respondent

J (a child, acting through his Children’s Guardian, Sarah Gwynne)

Second Respondent

Procedural Posture

Children Act and Inherent Jurisdiction Application / Interim Judgment; No Final Determination; Directions and Guidance

Legal Issues

  1. 1 Whether J has capacity to consent to cross-sex hormone treatment from an unregulated provider
  2. 2 Whether the court should exercise its inherent jurisdiction to prevent further hormone treatment
  3. 3 Whether parental or court approval is required for such treatment for minors over 16

Ratio Decidendi

No final determination is made as the parties agree to J's assessment by Gender Plus and no immediate issue of capacity or further treatment arises. The court declines to rule on the father's wider legal submissions or to give general guidance, limiting its decision to endorsing the agreed plan for assessment. The court signals that any future application for treatment via Gender GP will require careful scrutiny of capacity and safety.

Court Disposition

No final orders; interim endorsement of agreed assessment plan; no determination of capacity or best interests at this stage.

Orders

  • J to undergo assessment at Gender Plus clinic; no further hormone treatment from Gender GP pending assessment; mother to maintain undertaking not to seek further treatment from Gender GP except to keep referral open.