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Feminism: Sex and gender discussions

Complaint to my council about school changing room - some legal help please!

32 replies

SimplyMonstrous · 18/03/2019 21:32

Hi everyone 🤗
I’ve complained to my local council about the guidance for transgender pupils which they’ve endorsed and Circulated to all local schools. I’ve made a number of points, including this one below, to which they have responded thus

I am concerned that the guidance states:
· a male-bodied pupil who declares as transgender can elect to use the girls' changing area , and that if any girl expresses discomfort with this, she should be challenged and told her feelings aren't permissible and if she still objects, she will be found an alternative place to change, whist the male-bodied person stays in the girls changing area.

Their response:
The guidance clearly states;
‘It is also important to ensure that all learners feel safe using all school facilities’
We would expect staff to deal with issues such as this sensitively to ensure everyone felt comfortable. We do however have to be mindful of the Equalities Act 2010 and that gender reassignment is a protected characteristic.

I’m a bit surprised by this response. It doesn’t seem to acknowledge that there that there may be a conflict of interest, but also my understanding is that the equalities act will only protect someone with a GRC, and as we Are speaking about schoolchildren, surely this would not apply. Isn’t it girls that are protected by the equalities act to have rights to privacy? I may be confused, please help!

OP posts:
BadPennyNoBiscuit · 18/03/2019 21:55

Page 5;
assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/410294/Advice_on_standards_for_school_premises.pdf

ISS Regulation 23A — (1) Subject to sub-paragraph (2), the standard in this paragraph is met if the proprietor ensures that—

b) separate toilet facilities for boys and girls aged 8 years or over are provided except where the toilet facility is provided in a room that can be secured from the inside and that is intended for use by one pupil at a time.

RepealTheGRA · 18/03/2019 21:51

They need to be mindful of the fact sex is also a protected characteristic. There are single sexism exemptions in the Equality Act.

They also need to be mindful of being sued (by the parents of girls).

They also need to be mindful of girls rights to privacy and dignity.

BadPennyNoBiscuit · 18/03/2019 21:50

No Redhoodgirl, that is not correct. Sex and gender are not interchangeable, and schools must provide single sex changing and toilets for children over the age of 8.

The relevant protected characteristics are gender reassignment; and sex, religion or belief.

HoneysuckIejasmine · 18/03/2019 21:48

The guidance actually says that she should be told her feelings aren't permissable?!

RedHoodGirl · 18/03/2019 21:47

The Equalities Act protects everyone no matter their age and is nothing to do with having a GRC. Also, in the eyes of the law, ‘sex’ and ‘gender’ are considered interchangeable. There is no requirement for a trans pupil to have had any form of medical treatment in order for the Equality Act to kick in.

BadPennyNoBiscuit · 18/03/2019 21:46

Sackrifice is right.

Here is the guidance for schools;
assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/719398/Gender-separation-guidance.pdf

Section 13, page 6;
Separate toilet and washing facilities must be provided for boys and girls aged 8 years and over pursuant to Regulation 4 of the School Premises (England) Regulations 2012, which falls within the exemption provided for in Schedule 22 of the Equality Act 2010.

sackrifice · 18/03/2019 21:34

Sex is the protected characteristic as gender reassignment is illegal under the age of 18.