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Rook Irwin Sweeney act in judicial review relating to NHS waiting times

Judgment has been handed down in AA v ors v NHS England [2023] EWHC 43 (Admin), a judicial review against NHS England relating to extensive waiting times for gender identity services in England.

NHS England has a duty to make arrangements to ensure that 92% of people referred to defined services – including gender identity services – wait no more than 18 weeks for a first appointment.

The Claimants, represented by Rook Irwin Sweeney, were two adults and two children who waited or have been waiting between 2 and 5 years for a first appointment; Good Law Project, the non-profit campaigning organisation; and Gendered Intelligence, a grassroots trans-led charity. The waiting times experienced by these Claimants are representative of waiting times across adult’s and children’s gender identity services.

Mr Justice Chamberlain found that, despite the extensive waiting times, NHS England had made arrangements sufficient to discharge its duty. The Claimants have applied for permission to appeal.

The Judge rejected NHS England’s argument that young people seeking gender reassignment can never be protected under the Equality Act 2010, a finding which is likely to have wider implications.


16 January 2023

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