Mermaids describe themselves as a charity that “supports transgender, nonbinary and gender-diverse children and young people until their 20th birthday”. In light of the partial closure of its services, this blog will review why Mermaids is deemed controversial by its critics. It will also consider how the law can assist our evaluation of Mermaids’ partial closure and its potential risk to young transgender people.
According to the National LGBT survey, a growing number of young people identify as transgender. This is where youth-centred LGBTQ+ charities and organisations, such as Mermaids, enter the conversation. Most of those for whom Mermaids provide care are under the age of 18 and considered minors. It is one of few organisations that provide advice and support directly to young transgender people and ensures those with a duty of care to young people clearly understand what transitioning is. This is crucial as it means people in the transgender community have access to institutions that exist exclusively to help them.
The controversies that instigated the partial closure of Mermaids’ services included the resignation of a Mermaids’ Trustee who it was reported made comments about the provision of chest binders to young people without parental permission (Telegraph newspaper published in September 2022). Although there are concerns over spinal, respiratory and rib damage, the Metropolitan Police has stated that providing chest binders is not illegal. The report also stated that Mermaids had said that puberty blockers were “irreversible.” (These are used to delay the development of physical changes that do not support an individual’s gender identity). Mermaids responded claiming that puberty blockers were “an internationally recognised, safe, reversible, healthcare option which [has] been recommended by medical authorities in the UK.”
As a result of these controversies, the Charity Commission initiated a “regulatory compliance case,” which differs from an investigation. It instead decides if Mermaid’s administration correctly follows their practices under charity law. Mermaids have been removed from the Department of Education's well-being and mental health services, and financial support from the Lottery Fund has also been discontinued.
We must now consider the impact on young transgender people and whether the law is able to protect them in lieu of organisations such as Mermaids.
It is evident that whilst the law has attempted to protect those in the transgender community, certain grey areas about how to do this remain. The question of increasing the availability of hormonal or surgical treatments to young people under 18 remains unanswered. In the UK, both reconstructive chest and genital surgery are funded by the NHS, but certain conditions need to be satisfied. Minors do not qualify for this service and are currently unable to apply for a Gender Recognition Certificate or hormonal treatment.
The Gender Recognition Act 2004 gives transgender people (18 years of age and above) the opportunity to be legally recognised by the gender with which they identify and for that recognition to be endorsed through a Gender Recognition Certificate.
The certificate has been criticised by the Women and Equalities Committee, which in 2021 called for the 18-year-old age limit of the certificate to be reduced. It also asked for the introduction of a system that is based on self-identification rather than on medical evidence of gender dysphoria. The NHS defines gender dysphoria as a “sense of unease that a person may have because of a mismatch between their biological sex and their gender identity”.
There have been attempts to reform this under the Gender Recognition Reform (Scotland) Bill 2022, which seeks to remove the requirement for evidence of gender dysphoria and ensures that from as young as age 16 (in England, it is still 18), young people can acquire a certificate. Despite this, the UK government exercised its right to block the Bill under section 35 of the Scotland Act 1998. Ministers believed that the Bill would have an impact on UK legislation that concerns equality and argued that having two different gender recognition systems would create complications. The Equality Act of 2010 included “gender reassignment” as a “protected characteristic”. With regard to transgender children, the Equality Act 2010 states that it “prohibits discrimination against transgender children in all schools”. In addition, the guidance given by the Department for Education states, “protections apply to those who are undergoing, have undergone, or are proposing to undergo, a gender reassignment process”. This is a positive step towards protecting transgender children as it means educators and caregivers are prohibited from discriminating towards transgender children.
It is vital for young transgender people to have regulated and trustworthy institutions that care for their transitioning needs. The partial closure of Mermaids’ services could mean fewer young people are getting access to crucial support and advice. It could result in a devastating impact on their mental health and an increased risk of disseminating incorrect information regarding transitioning. After the temporary closure of part of Mermaids’ services, it is vital that young transgender (as well as parents, legal guardians and social services) feel that the services designed to support them are safe and continue to deliver the most appropriate care.
by Muorada IbrahimFirst Year LLB Law and Politics student at Queen Mary University of London