United Kingdom A.D & G v. Lancashire Health Authority (1999). [Case-Law]

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Abstract

A, D and G were three separate transsexual women (M to F) and each had been refused NHS funding of gender reassignment surgery which was recommended by the gender identity clinic specialists dealing with their cases. The law permits NHS bodies (known known as Primary Care Trusts) to make local decisions about how to prioritise the way they allocate limited public funds to provide treatment for the full range of medical conditions in their area. The Lancashire Health Authority decided on this basis not to allow funding for gender reassignment surgery. In the High Court it was held firstly that Gender Dysphoria is a medical condition and that, as such, it should be treated on the NHS. Justice Hidden held (on the basis of expert testimony) that gender reassignment surgery was the appropriate treatment for gender dysphoria and that the funding policy which amounted in practice, to a blanket ban was unlawful and irrational. The Health Authority appealed but the Court of Appeal upheld the High Court judgment.

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