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Feminism: Sex and gender discussions

Is anyone judicially reviewing this stuff?

92 replies

thiskitten · 24/09/2018 21:36

Fairly recent peak trans. Lurking since then really.

Just wondering if anyone (organisations etc) are, or are considering bringing a judicial review on any of the recent goings on?

OP posts:
Brugmansia · 26/09/2018 17:36

I'm also a lawyer. Very limited experience of JR but lots of on discrimination and equality issues. Also I've experience of cases that have been crowd funded. That seems the obvious way of funding any case to me as there would probably be a lot of support from individuals willing to contribute small amounts anonymously. With publicity on twitter and mumsnet a crowdfunding campaign could probably be got off the ground quite quickly.

The issue is what decisions would be suitable for JR. There may be other types of cases though where individuals may be able to take legal action who could be supported through crowdfunding. For example, GC academics who are being harassed for their views.

TheCuriousMonkey · 26/09/2018 13:59

Cross post with Dolly...

The Cambridge decision was an internal decision, AFAIK, not a JR.

TheCuriousMonkey · 26/09/2018 13:58

Inneed

The rules are that a JR must be brought promptly, and always within 3 months of the decision being challenged. The time limits are very tight.

However where an action is ongoing, or there are a series of decisions, it is possible that the three month period can start again. For example, if it's over three months since a decision to place a TW in a female prison you can't challenge that decision. But if there is a further decision, say a review to decide whether the prison is appropriate, the three month limit could start again from that point.

CuriousaboutSamphire · 26/09/2018 13:57

Well Cambridge Council just did... and have changed the wording in their policies - sex not gender, etc.

After 8 or 9 years of being wrong!

Woulddolly · 26/09/2018 13:54

Decisions must be challenged "promptly, and in any event within three months". Not knowing about the decision until later isn't usually a reason to extend the deadline.

Ineedacupofteadesperately · 26/09/2018 13:04

Unfortunately it's too late for either of these decisions to be JRed

Why is it too late? What are the rules? I'd definitely contribute to funding a legal challenge via crowdfunder or another route.

Woulddolly · 26/09/2018 12:57

I've emailed some of the grassroots campaigners to say that I'm a lawyer and on side. My experience is very relevant - judicial review, human rights and equality law.

We need a panel of feminist lawyers to a) advise on things like the billboards and b) to identify test cases so that calls can be put out for claimants

Woulddolly · 26/09/2018 12:53

I would get involved. But I agree that funding cases would be difficult. And finding individuals prepared to take the flak of bringing a challenge.

TheCuriousMonkey · 25/09/2018 21:58

I'm also a lawyer. I have a good understanding of judicial review. There's nothing I know of coming from the GC side. I think that's partly because big organisations such as Stonewall can back litigation, whereas GC fems don't have any equivalent organisations. A feminist version of TELI would be great. But I fear that wouldn't get funding from the likes of Linklaters and I don't know how many lawyers would be brave enough to get involved.

OlennasWimple · 25/09/2018 15:19

Off the top of my head, the two decisions that are prime candidates for JR are the prison service's decision to house Karen White in a female prison; and the Labour Party's decision to allow LM to run for women's officer despite not having a GRC. In both these cases, a lawyer would be pushing at an open door, I would imagine, because I can't see what the defence could be in either scenario

Unfortunately it's too late for either of these decisions to be JRed, but no doubt - and sadly - there will be others in due course

nopeni · 25/09/2018 06:12

There will be in a few years when the shit has thoroughly hit the fan.

thiskitten · 25/09/2018 00:05

@Woulddolly great to have someone in the know. I've only worked on 1 (very boring) JR but used to work in human rights law (many moons ago). Strikes me that there could be some JRable decisions re prisons / HRA and balancing rights? But as I say I'm fairly new to the issues at play.

OP posts:
Woulddolly · 24/09/2018 23:52

I'm a lawyer specialising in judicial review. There are lots of cases being brought by trans people (eg right to be recorded as the opposite sex on birth certificates) but none that I'm aware of in the other direction. To bring a JR you'd need a decision that was JR-able, plus a claimant willing to fund it. For an organisation, it would have to be one willing to take the costs risk, for an individual, you'd need to be eligible for legal aid.

Movablefeast · 24/09/2018 23:44

This whole thing is seriously sinister, we can’t flush away civil society on this ridiculous ideology that’s unshackled from fact and science.

Redkeyboard · 24/09/2018 23:42

The prison service has the wrong protected characteristic

Procrastinator1 · 24/09/2018 23:24

Not aware of any, but would like to think someone is thinking about fundraising if it became appropriate. Corp of City of London’s cOnsultation. Charity commission, if they don’t come through on Girl Guides, any public authority which has the wrong protected characteristics etc. We need to organise

OlennasWimple · 24/09/2018 21:37

I am aware of a few different legal proceedings going on but none that are specifically JRs of apparently perverse or illegal decisions by public bodies

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