Britain’s equality watchdog has abandoned a legal case against the NHS for failing to provide fertility treatments to transgender patients.

Transitioning can lead to fertility loss, but many patients are not offered a chance to have eggs or sperm stored.

The Equality and Human Rights Commission (EHRC) had threatened NHS England with a judicial review, saying it should take steps to ensure such patients were routinely be offered fertility preservation.

The watchdog had argued that those seeking treatment for gender dysphoria should be treated in the same way as those with other conditions - such as cancer - which threaten fertility.

But following discussions with NHS England, the legal action has been stopped.

Health officials are now seeking to recoup significant legal fees incurred in the case.

NHS England will reissue guidance to NHS clinical commissioning groups (CCGs), reminding them that they have responsibilities to commission fertility services like IVF and storage of eggs and sperm. Under such policies, CCGs are already obliged to comply with the Equality Act.

An NHS England spokesperson said: “We are pleased to see that the Equality and Human Rights Commission has abandoned its claim against the NHS, which was without merit.”