New Year New Judicial Review? CPS Hate Crime Guidance for schools

@Spero

Many thanks!

Fuck - the criminalisation of girls boundaries.

I don’t have a copy. Is anyone able to send the report/ their concerns to the DM, Telegraph, James Kirkup, Janice Turner, Julie Bindel, FairCop, Fair Play for Women et al?

Aesopfable ‘hate crimes’ do not accord with the equality act - sex is not included.

This only means that misogyny cannot be prosecuted as hate crime.

However, Datun is most likely here referring to the fact that girls have protected rights under the EqA, which includes the right for people with a shared protected characteristic to be in a group together (this is not an unlimited right, as other protected groups also have rights and any conflict would need to be carefully navigated).

But by presenting these scenarios in this way, the CPS may be positioning one protected group as having rights that supersede the rights of all other protected groups under any and all circumstances. Fortunately, that isn't how the EqA was designed and that isn't how it works.

And just to check - CPS want to schools to escalate complaints to them, presumably to take action, against 11 year olds?

What consequences?
What record does this create for a child?

Spero that's terrifying.

This really does need taking into a court room ASAP.

Clymene loved ones with ASD in my family too, I so know what you mean and I agree. The exclusions are heart breaking, but forcing it helps no one. What I'd love is more help to address the reasons and the needs, the right social skill programmes, staff supporting play, providing structured activities everyone can join in with, things that don't try and short cut to a false solution but help where the real needs are. A fellow parent with a child with ASD bought someone in to do a structured birthday party recently, all parallel structured activities. The kids had a great time, both neurotypical and the several kids with ASD, no meltdowns, no one getting too anxious to stay. It was so nice to see what can be done if it's done right.

^Hate’ is defined by subjective perception of ‘victim’ or bystanderMis states Equality Act protected characteristic Provides alarmingly trivial list of behaviours that would be defined as ‘hate’
-Makes it clear that a hierarchy of rights is established with LGBT rights at the top. This is simply unlawful-Over arching and sinister involvement of the CPS and clear pathways set out with regard to how complaints can be escalated and the grim consequences of hate crimes^

Spero, you have done an excellent job on analysing this. It is utterly insane, sinister and surely illegal? WTAF is going on in schools?

Rejecting someone or not wanting to work with them because of their sexual orientation, trans identity or perceived trans identity

This is utterly insane. How on earth can this be policed in school? When kids fall out, will one accuse another of 'hate crime?' What baffling idiocy is this?

Presumably this would mean ANY attempt by girls to enforce their boundaries would be considered a hate crime? Not wanting to get changed in front of males in a communal changing area: hate crime! Not wanting to kiss someone who identifies as trans (of either sex): hate crime! Not wanting to share sleeping arrangements with males: hate crime! Not wanting to have sex....

Michelle - I have an autistic child and school has been a hard road - particularly primary. I have never wanted the school to force friendships. However hard it has been at times - and there has been a lot of exclusion (no party invites, after school activities, etc) - it's not up to individual other children. Schools need to encourage inclusion and I hate whole class parties which exclude the one weird kid but when it comes to small groups of two or three, no one can or should force children to include a child they don't gel with.

And it's an awful lesson to teach children about their boundaries.

Datun ‘hate crimes’ do not accord with the equality act - sex is not included.

@BustedWench

A plays with B who is trans but A and B say won't play with C who is also trans but is unkind to them. C is pissed off about this and complains to staff.

If looks could kill they probably will in Games Without Frontiers. War without tears.

I can't wait for this to get into the newspapers.

*girls

But sex is also protected characteristic. So are girl is going to be committing a hate crime for not wanting to play with boys?

If Sarah and Emily like Angela and enjoy Angela's company then all is fine. What I'm interested in is if Angela is a dick to Sarah and Emily and insists on Sarah and Emily doing as Angela says, is saying no to Angela now a hate crime on the grounds that however Angela behaves, Angela is trans and has a magic trump card staff must obey? Could this system be open to exploitation at all? Would this in any way take responsibility from Angela to learn to manage Angela's behaviour in a way that means other kids want to play with them?

And if John, Ben, Katie and Elizabeth are four kids watching Angela's progress who amongst them have some social skill issues, behaviour challenges, and/or social communication challenges, so aren't the popular kids and don't find friendships and social relationships easy, and are lonely, isolated and frustrated, are they being shown a magic way out?

And are those kids going to find inclusion, friendship and everything they hope for, or are they going to find that kids forced to perform friendship at them are going to be angry, resentful and that 'being nice' out of fear really isn't the same as friendship?

The support of inclusion for kids with additional needs for years has walked the line of helping kids learn to have friendships and have relationships with peers and encourage understanding and inclusion without enforcing that Sophie MUST sit with James at lunchtime every day because James wants it, and because otherwise James has a massive meltdown. Even though Sophie doesn't like James, and wants to sit with her chosen friends. Sophie's actually being commandeered as a tool to minimise inconvenience to staff and she's being taught all sorts of inappropriate things in the process: but she's providing a useful short cut to actually addressing and meeting James' needs.

Which is the real issue. Comorbidities are known to abound in kids raising gender identity questions. Many unmet needs.

So if Sarah and Emily don't want to play with Angela who was Andrew until last week, that's a hate crime?!

Ok so This

www.youthandpolicing.co.uk/wp-content/uploads/2018/09/CPS-LGBT-Hate-Crime_teacher_pack.pdf

Compare to

www.youthandpolicing.co.uk/wp-content/uploads/2018/09/CPS-Disability-Hate-Crime.pdf

I wonder about the section on categories that might take place within school. It looks like a one way system to shut down any discussion of competing protected characteristics. Maybe we should print T shirts that say Trans rights are human rights on one side with Woman - adult human female on the other.

Also unless the dates are wrong those have been out side by side for some time.

Contrasting the cps info about disability hate crime might be useful.

www.cps.gov.uk/legal-guidance/disability-hate-crime-and-other-crimes-against-disabled-people-prosecution-guidance

There is quite a large amount of boxes to tick to get it considered as a hate crime.

I can’t find anything that suggests my autistic child could count “ostracising and excluding from friendship groups” as a disability hate crime.

Precisely, Michelleoftheresistance.

And article 5 doesn't just speak to the responsibility of parents to look after the interests of their child, it also demands that the child's capabilities are taken into account.

Does this guidance sufficiently distinguish between an 11 year old and an 18 year old pupil? Does it take into account that children function at a different level from adults? That their pre-frontal cortex is immature, longterm consequences of their actions are difficult to understand for children?

Is this guidance in the best interests of all children? (Article 3)

As per the UN Convention on the Rights of the Child (UNCRC), children also have a right to freedom of expression, to have their views respected, a eight to privacy, to freedom of thought, belief and religion.

"Discipline in schools must respect children's dignity and their rights."
(Article 28)

I mean FFS did they go out their way to breach the UNCRC?

A plays with B who is trans but A and B say won't play with C who is also trans but is unkind to them. C is pissed off about this and complains to staff.

Are A and B both guilty of a hate crime?

What about the two hundred other kids on the playground with other protected characteristics, how does this work for them?

Children excluding someone from their friendship group is 'hate'?

Seriously.

Children may make no decisions on whether a person is someone they like, want to spend time with, treats them well etc.... saying no to any LGBT (and we know what that means) child who wants to be with them = hate.

Putting aside for a moment the pure irrationality of it and that adults certainly make choices on who is and isn't a friend (kind of the definition of friendship) and part of their chosen social circle, and that personal boundaries aren't hate how on earth are teachers supposed to police that? What are parents going to say when their child comes home in tears and says they were told they had to play with x because otherwise it was a hate crime?

Sorry for off topic posts btw.

I’m going to have a good think about anything in the last 30 years that appeared progressive or at least not harmful which enables unexpected beneficial results for another agenda.

Sorry for the double post. On a really fast, really wobbly train with slow and wobbly internet connection.