GK & Anor v EE (formerly known as RK) & Anor

GK & Anor v EE (formerly known as RK) & Anor

There is no sufficiently proximate or specific 'matter' for decision regarding gender affirming medical treatment as no such treatment is currently scheduled for EE. There is no cogent evidence to rebut the presumption of capacity. Therefore, the applications for orders preventing treatment, appointment as welfare deputies, and permission for expert evidence are refused.

Parties
Applicant: GK; Applicant: LK; First Respondent: EE (formerly known as RK); Second Respondent: A Local Authority
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Court of Protection and Inherent Jurisdiction Application / Judgment After Contested Hearing
Outcome
All applications dismissed
Legal Topics
Capacity to Consent to Medical Treatment, Gender Affirming Medical Treatment, Inherent Jurisdiction, Appointment of Welfare Deputies, Interim Relief, Expert Evidence
Mental Capacity Law Family Law Children Law Capacity to Consent to Medical Treatment Gender Affirming Medical Treatment Inherent Jurisdiction Appointment of Welfare Deputies Interim Relief +1 more

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Parties

GK

Applicant

LK

Applicant

EE (formerly known as RK)

First Respondent

A Local Authority

Second Respondent

Procedural Posture

Court of Protection and Inherent Jurisdiction Application / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether EE lacks capacity to consent to gender affirming medical treatment
  2. 2 Whether the court should appoint the parents as welfare deputies for EE
  3. 3 Whether the court should grant an injunction preventing EE from undergoing gender affirming medical treatment

Ratio Decidendi

There is no sufficiently proximate or specific 'matter' for decision regarding gender affirming medical treatment as no such treatment is currently scheduled for EE. There is no cogent evidence to rebut the presumption of capacity. Therefore, the applications for orders preventing treatment, appointment as welfare deputies, and permission for expert evidence are refused.

Court Disposition

All applications dismissed

Orders

  • Parents' application under the Mental Capacity Act 2005 for an order preventing surgery or medical treatment in respect of gender reassignment/removal of breast is refused.
  • Parents' application for expert assessment of EE's capacity is refused.