Trans legislation in schools

(10 Posts)
merrymouse Wed 16-Sep-20 09:38:32

According to the EA A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex.

A child cannot get a GRC or legally change sex, but where does the legislation exclude children from the protected characteristic of gender reassignment?

PurpleHoodie Wed 16-Sep-20 09:00:44

Gender reassignment' is a protected characteristic but it cannot be applied to a child.


OhHolyJesus Wed 16-Sep-20 07:57:06

'Gender reassignment' is a protected characteristic but it cannot be applied to a child.

Socially transitioning a child at school, without parental consent isn't against the law, currently, but the school have a responsibility to safeguard the child and there is a question over them doing that if they are affirming this child's dysphoria.

Teachers are not counsellors and would not affirm an eating disorder for example. Also parents are told about suspected SEN , parents still have rights to remove children from certain lessons. Parents are still parents and legally responsible for the child.

merrymouse Wed 16-Sep-20 07:20:51

The school would not be able to change a child's legal name.

However, I'm pretty sure there is no legislation that prevents the school referring to a child by a particular name or using particular pronouns.

I think the question would be whether the school's treatment of the child is detrimental to their well being.

'Gender reassignment' is a protected characteristic and the school cannot treat a child less favourably on that basis. However, there is very little case law in this area.

gardenbird48 Tue 15-Sep-20 22:33:04

I can’t help with legislation but it is happening in our local school without parental involvement. Might schools getting their instruction in the form of government guidance?
Immediate affirmation was mentioned to me in conversation as a bit of a given. There appeared to be little or no threshold for the start of social transition in school.

OhHolyJesus Tue 15-Sep-20 17:55:40

Countless schools are overreaching with this one

I agree with this, I've seen it done in a school where I live.

Read the school policies and the complaints process, read all your can and prepare yourself (if this is your child).

persistentwoman Tue 15-Sep-20 17:32:30

And if you're a parent and a school is attempting to transition your child without your consent, just remember that only the courts can remove parental rights. Countless schools are overreaching with this one and presumably down the line will be paying some pretty hefty compensation.


persistentwoman Tue 15-Sep-20 17:30:59

Also Safe Schools Alliance are very good with all this:

Mayswear Tue 15-Sep-20 17:15:23

Sorry I don't know a definitive answer to this, but I do know that my child's school (independent) consulted lawyers to draw up a policy (I spoke to the Head about this).

If you haven't done it already, please do read the Transgender Trend materials they've prepared, they're award winning guidance for schools and I would think represent the law fairly and not in a misleading way.

TooManyDicksOnTheDancefloor Tue 15-Sep-20 17:12:21

Quick question, is there any legislation for how secondary schools must treat trans children?

Do they have to go with the wishes of the child and use the new name and pronouns or should this decision be made by the parents?

I need quick information and after searching the internet I can't get a definitive answer.

OP’s posts: |

Join the discussion

To comment on this thread you need to create a Mumsnet account.

Join Mumsnet

Already have a Mumsnet account? Log in