Court Of Appeal Hands Down Judgment

The Court of Appeal today (19 December 2024) has handed down judgment in a sensitive transgender family law case of a 16-year-old, ‘Q’, who wishes to embark on a potential treatment pathway at a private clinic in relation to their gender identity.

By an appeal notice filed on 28 May 2024, the appeal by one of Q’s parents, relates to an earlier decision of Mrs Justice Judd, sitting in the High Court of Justice Family Division, dated 8 May 2024, regarding the refusal of the High Court to adjourn proceedings and make other orders sought by the appealing parent.  

The Court of Appeal has handed down judgment and provided guidance on the issue of an adjournment in this case and the matter of whether transgender adolescents and the administration of hormone treatment is a ‘special legal category’ of case.

The Court of Appeal in permitting the appeal stated that it was being asked to keep open the possibility, in the future, of whether hormone treatment was or was not in Q’s best interests.

Further, the Court of Appeal was clear in its judgment that the administration of hormone treatment is not to be regarded as being a special legal category of case.

Expert Opinion

“This is a very sensitive and emotive set of issues which the Court of Appeal has had to consider. The trans adolescent in this matter has clear wishes and feelings. The Court has provided further guidance around the matter of an adjournment in this matter, it has also provided clearly for the fact that the administration of hormone treatment is not to be regarded as a special legal category and reaffirming that important principle. Given the sensitive nature of this matter no further comments will be made at this time.” Scott Halliday, Senior Associate Family Lawyer, at Irwin Mitchell and representatives of one of the parents

Irwin Mitchell instructed Leading Counsel, Deirdre Fottrell KC of 4 Paper Buildings who lead Tom Wilson 1GC Family Law to act in the matter.