Our lawyers have now sent a letter before claim to Secretary of State for Health and Social Care Jeremy Hunt and the Joint Committee on Vaccination and Immunisation (JCVI) which is the first stage in the judicial review process.
The letter sets out our argument that the present policy is unlawful as it constitutes direct sex discrimination and so is in breach of the Equality Act 2010 as HPV vaccination is beneficial to boys as well as girls.
“The present policy, which is operated by the Secretary of State based on a prior recommendation of the JCVI, constitutes direct sex discrimination contrary to section 13 of the EA. The relevant public service, namely the provision of HPV vaccinations, has the capacity to benefit both boys and girls. It follows that the only reason that the service is not made available to boys as well as girls is an economic assessment that boys would receive less benefit than girls.”
We have asked for a response to this letter by the 7th of June, the day after the JCVI next meets, and based on that response we will then consider the next stage of our action, which may be filing a judicial review claim in court.
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