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Feminism: Sex and gender discussions

"It is illegal to ask to see a GRC"

36 replies

SarahAr · 11/04/2018 12:46

I often seen this in messages on MN. Is this correct? Does anyone have a statutory or case law reference.

It is certainly good practice not to ask anyone their legal gender unless you absolutely need to know. It is also good practice to ask for a birth certificate, not a GRC. That way you don't have embarrassing issues of accidentally asking a natal woman for a GRC because you think she looks trans.

But is it actually illegal to ask to see a GRC?

OP posts:
serfandterf101 · 11/04/2018 16:00

Thanks for your input Jaycee. Really interesting to hear how other govt depts work!

LangCleg · 11/04/2018 15:16

Is there a feminist angle to your question, SarahR?

Jayceedove · 11/04/2018 15:03

I was never told it was illegal to ask to see my GRC which I have had for 14 years. I have never needed to show it but would have done so if asked.

However, I have needed to show my birth certificate as proof of age was needed.

There are quite rigorous checks in place. In terms of tax forms and pensions and benefits etc there is a special department in Newcastle that deals with trans people with a GRC.

Very unimaginatively it is called the GR team (Gender Recognition) and this is hand written on their envelopes. Sometimes with warnings not to open. So anybody working there will know that letters to and from there are from trans people without asking.

There is one poor guy working there and I have had to speak to him a few times over the past 5 years and with the extra workload nowadays and various departments shunting things to him when they are not his remit but they are scared of making a mistake with trans people I am surprised he has not had a nervous breakdown.

Passports had their gender markers altered even before the GRA came in. Mine had F on it as soon as these were introduced in the 1990s. As I transitioned in the 1970s I have not really had problems as all the paperwork was sorted years ago.

When I renewed my passport recently I did not have to send a GRC as it was a renewal and nothing had changed but the option to do that was there and there is a separate section of the application form instructions for transgender people applying for the first time.

serfandterf101 · 11/04/2018 14:41

Thanks speedy that makes sense. Certainly wouldnt want anyone missing out on a fulfilling job because they were worried about gossip and leaks.

Speedy85 · 11/04/2018 14:35

serfandterf101 Don't worry, they've got a system in place so that when doing DBS checks the trans person can leave their old name off the form which they hand back to their employer but contact the DBS to let them know they need to check against the old name too. This seems quite sensible.
uktrans.info/attachments/article/180/DBS-check-for-transgender-persons.pdf

I imagine DBS must have systems in place to deal with situations where people fail to disclose their old names, as otherwise any criminal could just change their name by deed poll and live a new life.

serfandterf101 · 11/04/2018 14:27

This question also interests me.
In the case of a DBS application, you have to give any previous names (eg maiden name). When I applied, I had to show passport as photo id. I didnt have to prove my previous surname. If you were previously know as a different name and sex, what id do you have to show, if any? I no longer help at school, so theres no one to ask who will be up to date on this.

Obviously it is important. Theoretically Liam Huntly could get another job in a school as 'Lianne' (or whatever hes calling himself) and so his previous name would need to be known too. If he didnt have to prove a previous name, couldnt he just lie? Does anyone know what DBS looks at?

OldCrone · 11/04/2018 13:41

As Tallulah said, there is also this from the Gender Recognition Act 2004
22 Prohibition on disclosure of information
(1) It is an offence for a person who has acquired protected information in an official capacity to disclose the information to any other person.

The fact that so much of this is shrouded in secrecy is one of the things that really bothers me. The assumption that if a man still has a penis, but is legally a woman, it is of no consequence to anyone else.

OldCrone · 11/04/2018 13:18

Equality Act 2010 Code of Practice
2.27 Transsexual people should not be routinely asked to produce their Gender Recognition Certificate as evidence of their legal gender. Such a request would compromise a transsexual person’s right to privacy. If a service provider requires proof of a person’s legal gender, then their (new) birth certificate should be sufficient confirmation.

It doesn't actually say it's illegal to ask for it, though.

TallulahWaitingInTheRain · 11/04/2018 13:11

Having had a quick hunt around online, I have got the impression that it wouldn't be illegal as such to ask to see a grc, but there would be absolutely no onus on the holder to comply and generally speaking it would be viewed as an inappropriate (potentially discriminatory?) thing to do.

If you saw a grc and mentioned it to anyone else, or recorded that you had seen it, that would be a breach of data protection.

Caveat: I am not a lawyer

SarahAr · 11/04/2018 13:03

R0wantrees Not rhetorical. I don't know of anything that would make it illegal, but could easily be a case or part of a statute I have missed.

OP posts:
R0wantrees · 11/04/2018 12:55

is this a rhetorical question? I've noted from your previous posts that you are very well informed....