A transsexual has lost her High Court battle over the refusal to fund a breast enlargement operation on the NHS.
Gender dysphoria sufferer “C”, who cannot be named for legal reasons, has been living as a woman for more than a decade. The 58-year-old, who lives in the Reading area, was described as having been left in physical and psychological “limbo” after her bust failed to develop sufficiently following hormonal treatment.
Lawyers acting for C, who was legally aided, challenged the refusal of West Berkshire primary care trust to fund her breast augmentation surgery at a cost of some £2,300. They argued during a recent three-day hearing that the refusal violated her human rights and amounted to sex discrimination.
But Mr Justice Bean, sitting in London, has dismissed her claim for judicial review. The judge said he had found “there was no duty in either public law or discrimination law to classify all treatment and procedures sought by transsexuals as high priority or core procedures”.
Mr Justice Bean said: “In my judgment, the claimant has not made out any of the grounds of challenge to the defendant’s decisions to refuse funding for her breast surgery. The claim for judicial review is dismissed.”
He refused leave to appeal.