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# High Court grants permission to appeal decision over trans waiting times
- URL: https://www.scenemag.co.uk/high-court-grants-permission-to-appeal-decision-over-trans-waiting-times/
- Published: 2023-02-22T10:00:28.000Z
- Updated: 2023-02-21T18:05:06.000Z
- Description: Birmingham Pride’s Eva Echo has revealed that following the high court ruling in a case regarding NHS waiting times for transgender patients, an application to appeal the judgement has now been given permission.
- Author: Catherine Muxworthy
- Tags: News, Birmingham Pride, Eva Echo, LGBTQ, NHS, NHS England, Pride

**Birmingham Pride**’s **Eva Echo** has revealed that following the [high court ruling in a case regarding NHS waiting times for transgender patients](https://www.scenemag.co.uk/court-hears-of-life-threatening-nhs-wait-times-for-trans-healthcare-from-birmingham-prides-eva-echo-and-other-claimants/), an application to appeal the judgement has now been given permission.

The **NHS** has a statutory requirement that at least 92% of patients should be referred to a specialist within 18 weeks, and claimants in this case argued that **NHS England** breaks the law when they fail to meet this target for transgender patients. Last month, a judgement was handed down in which the High Court judge found that this ‘target’ duty was not a ‘legal’ duty; meaning that individuals could not enforce it as a right. Eva Echo announced the intent to appeal this ruling; an appeal that has now been granted permission.

Of the appeal, the judge, Mr **Justice Chamberlain**, stated, “There is a real prospect that the **Court of Appeal** might differ from the reasoning at \[91\]-\[99\] of my judgement. In any event, the point is of sufficient general importance to justifying consideration by the Court of Appeal.”

In social media posts, sharing the news, Eva Echo explained: “The High Court has granted us permission to appeal the decision over NHS England 18-week referral to treatment (RTT) target.

“It is incredibly rare for a High Court Judge to grant permission to appeal their own judgement… which shows just how important this case is. If successful, it could even set a precedent for excessive waiting times in other area of healthcare.”

To support with the Court of Appeal case, a crowdfunder has also been set up so that those in the position to do so can [help cover the legal costs](https://actions.goodlawproject.org/healthcare%5Fdelays%5Fappeal?ref=scenemag.co.uk).