R (AA) v National Health Service Commissioning Board

Subject Matter

NATIONAL HEALTH SERVICE — Healthcare services — Provision of services — Children and adults referred to gender identity development service at clinics experiencing long delays in receiving first appointment — Whether defendant breaching statutory duties regarding provision of healthcare services — Whether unlawful discrimination in relation to protected characteristic of gender reassignment — Whether failure to comply with public sector equality duty — National Health Service Act 2006 (c 41), s 3B — Health Act 2009 (c 21), s 2 — Equality Act 2010 (c 15), ss 7(1), 19(1)(2)(a), 149 — National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 (SI 2012/2996), reg 45

[2023] EWHC 43 (Admin); [2023] PTSR 608; [2023] WLR(D) 34, KBD

NATIONAL HEALTH SERVICE — Healthcare services — Provision of services — Children and adults referred to gender identity development service at clinics experiencing long delays in receiving first appointment — Whether defendant owing statutory duty to provide appointment within 18 weeks — Whether duty only target duty — Whether duty restricted to consultant-led services — National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 (SI 2012/2996), reg 45

[2023] EWCA Civ 902; [2023] PTSR 2001; [2023] WLR(D) 342, CA

Appellate History

Commentary

QMLR
High Court Finds Long Waiting Times for Trans Healthcare are Lawful Case comment