A transsexual has launched a legal challenge after the NHS refused to pay for a breast enlargement operation, claiming the decision breaches her human rights. The woman, named only as “C”, says that the refusal threatens to leave her in “limbo” and damages her emotional wellbeing. But West Berkshire Primary Care Trust insists that the procedure would be “purely for cosmetic reasons”, with no compelling health grounds.

Lawyers for C, who has been living as a woman for 12 years, are challenging the decision through judicial review proceedings at the High Court, arguing that it amounts to sex discrimination and breaches her human rights. She has received legal aid and the Equality and Human Rights Commission has been asked to provide expert submissions on the issues raised in the case.