O v P & Anor

O v P & Anor

A 16-year-old with capacity is entitled to consent to medical treatment for gender dysphoria without parental or court oversight, and the court will not intervene unless there are safeguarding concerns or the provider is unregulated. The Cass Review's findings do not justify departing from established case law for minors over 16.

Parties
Applicant: O; 1st Respondent: P; 2nd Respondent: Q
Jurisdiction
England and Wales
Judgment Date
05 August 2024
Procedural Posture
Family / Final Judgment
Outcome
Interim orders discharged; proceedings ended; no declarations made.
Legal Topics
Consent to Medical Treatment, Gender Dysphoria, Prohibited Steps Order, Inherent Jurisdiction, Capacity of Minors, Parental Responsibility
Family Law Medical Law Children Law Consent to Medical Treatment Gender Dysphoria Prohibited Steps Order Inherent Jurisdiction Capacity of Minors +1 more

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Parties

O

Applicant

P

1st Respondent

Q

2nd Respondent

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether a 16-year-old with capacity can consent to gender dysphoria treatment without parental or court oversight
  2. 2 Whether gender dysphoria treatment for minors requires special court oversight
  3. 3 Whether the court should make declarations regarding private clinics prescribing puberty blockers or hormones

Ratio Decidendi

A 16-year-old with capacity is entitled to consent to medical treatment for gender dysphoria without parental or court oversight, and the court will not intervene unless there are safeguarding concerns or the provider is unregulated. The Cass Review's findings do not justify departing from established case law for minors over 16.

Court Disposition

Interim orders discharged; proceedings ended; no declarations made.

Orders

  • Interim prohibited steps order discharged
  • Father to give undertaking not to facilitate offshore treatment for Q while a minor