NHS Adult Gender Identity Clinics Debate
Full Debate: Read Full DebateBaroness Thornton
Main Page: Baroness Thornton (Labour - Life peer)Department Debates - View all Baroness Thornton's debates with the Department of Health and Social Care
(1 day, 8 hours ago)
Lords ChamberMy Lords, I remain grateful to the noble Baroness for her work and her expertise in this area, which I know has been acknowledged both by the previous Government and this Government. I will certainly take on board what she has said and ask my officials to discuss this further with NHS England.
My Lords, I would like to seek some clarification from my noble friend the Minister about this matter, because the Mental Capacity Act 2005 presumes adult capacity and the Care Act 2014 defines safeguarding thresholds, which my noble friend has outlined in some detail already. Can my noble friend the Minister confirm that adults aged 18 to 25 referred to gender identity clinics are treated as autonomous patients without additional safeguarding measures beyond those which she has already outlined and apply to any competent adult?
Yes, I can assure my noble friend that patients are treated as individuals and their care is personalised. It is important, as my noble friend says, to recognise that the law presumes that patients aged 16 and over have capacity to consent to medical treatment. I can also give the reassurance, acknowledging as I have already that patients may have co-existing conditions that warrant additional safeguarding measures, that this will be determined on a case-by-case basis.