School Equalities policy: "gender" instead of "sex"

AFAIK Gender reassignment as a PC doesn’t apply to anyone under 18. GRA applies to over 18s. I’m not a lawyer so happy to be corrected if I misunderstood that. This would mean that schools don’t have a legal basis for undermining single sex provisions for under 18s.

The EA 2006 was updated in 2010 and the protected characteristic didn't change www.legislation.gov.uk/ukpga/2010/15/section/4

And later on it says:

Gender reassignment
(1)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.
(2)A reference to a transsexual person is a reference to a person who has the protected characteristic of gender reassignment.
(3)In relation to the protected characteristic of gender reassignment—
(a)a reference to a person who has a particular protected characteristic is a reference to a transsexual person;
(b)a reference to persons who share a protected characteristic is a reference to transsexual persons.
www.legislation.gov.uk/ukpga/2010/15/section/7

And then:

Sex
In relation to the protected characteristic of sex—
(a)a reference to a person who has a particular protected characteristic is a reference to a man or to a woman;
(b)a reference to persons who share a protected characteristic is a reference to persons of the same sex.
www.legislation.gov.uk/ukpga/2010/15/section/11

But as someone posted up thread because so many schools seem to have the same wrong information as their policy it would seem someone (DoE??) has sent out an inaccurate briefing.

Or it is a result of Stonewall "training" which seems to have been more about presnting as fact what they were campaigning for, not just changes to the GRA but to remove sex as a protected characteristic from the EA. (Without this they know women will always has the right under the EA to have same sex spaces for provision of services etc.)

If it is as a result of Stonewall training ie the civil service it is a clear indication of just how far they had gone in subverting women's rights and might have got there had women who were more alert warned us all of what was likely to happen in the GRA was amended to self identification.

Phew - some of us may have been a bit late, but hopefully we are making up for it now!

Not all nine protected characteristic apply to children in schools - I think not age and marriage if I remember correctly.

Both my DS primary and DD secondary policies are gender not sex. I am beyond gobsmacked, since when was this allowed. They both sound very similar, but not related schools. Since when was this a ‘thing’.
I will be emailing both requesting a response, I will also be emailing my MP as this should not be happening. Gender is not a protected characteristic, sex is, grrrrr.

Really appreciate that schools have a shitload on their plates at the moment but a positive letter which helps them avoid future problems by correcting incorrect assertions about UK law will hopefully be received sensibly by schools.

I'd never heard of the Equality Act 2006, but here it is, with the 7 characteristics mentioned in the OP.

www.legislation.gov.uk/ukpga/2006/3/section/10

Perhaps these policies haven't been updated since 2010.

Just checked our primary school's policy for staff and children, it misses some of the protected characteristics out completely and it conflates sex and gender, it says in the intro:

This policy will be reviewed annually, or whenever there is an update or change to legislation on age, sexual orientation, religion and belief or transgender equality,

It goes onto say:

While the school recognises that any person or group of people can become victim to discrimination, victimisation or unfair treatment, people may be more at risk of becoming victims of inequality due to:

Race
Disability
Gender and transgender - under which it says:
The Gender Equality Duty 2006 places a general and specific duty on schools to eliminate unlawful discrimination and harassment on the grounds of gender and to promote equality of opportunity between
female and male pupils or students and between women and men and transgender people.
Under our general duty we will actively seek to:
Eliminate unlawful discrimination and harassment on grounds of sex and gender reassignment.
Promote equality between men and women.

I am going to send a letter, I think the whole policy sounds like a mish mash from several different sources.

Also, a massive thankyou to all the people who have raised this and are challenging schools.

I have lurked on and off for years and the way women have so tirelessly fought against this insidious crap for so long is awe inspiring.

Ive just checked my DCs school and it has the exact same statement.

Not fucking impressed, tbh. Ive emailed and asked WTF because I dont care who provides the training, anyone educated enough to work in a school should be capable of basic fucking fact checking before they take it upon themselves to re-write the law.

I've just emailed DC's school over this - massive college group.
Let's see if they reply!

Thanks but I really want to thank those who posted about this type of thing and those who said what can be done. I'm also looking at various schools over the country and if I find many. I'll be writing to my MP to ask why this happening

Well done!

Got a reply from my DDs school.
“Thank you for bringing this to my attention. I will make sure the policy is amended appropriately.”
I also looked on other schools websites and contacted some.

ach, i havent done my school yet/ youve inspired me...will do it this werkend.

Thanks for this post, it has prompted me to check my DD's school policy and indeed, it has gender instead of sex so I have just this minute emailed them.
I also noticed I've had a reply from one of the universities we visited, that had the same, with an apology and a promise that it will be amended

Thanks for that. Especially enjoyed the Posie rant link on p5.

It was this thread I was thinking of Hazeldine:

www.mumsnet.com/Talk/womens_rights/3379144-Feminist-school-governor

i will write because the school prides itself on its high performance, detail, logic and science...

I think the gender section of 2006 EA is from earlier sex discrimination law and demonstrates how sex and gender are often conflated. I'd suggest sticking with the 2010 EA as it's the most recent, bringing together dozens of acts, and is very clear cut.

You may also find that the vast majority of secondary schools are now part of academy chains and no longer under the LEA. So each school/multi academy trust needs to be picked off individually on these kinds of issues. Primaries not so much.

dcs secondary schools policy was reviewed last year - it mentions gender not sex and additionally it says:

Additional Notes on Gender Equality The Duties
The Equality Act 2006 created the gender equality duty for all public sector bodies, including schools. The gender equality duty is in two sections... ?

is this right?

If you scan through existing threads you will see this is happening in a lot of places not just schools.

The main point is they are incorrectly stating what the law is.

There is no protected characteristic of gender. It is Sex. They are not complying with the law.

It is on the Government web site.

You can be polite and just let them know there seems to be an error.

This is the link they need to look at www.legislation.gov.uk/ukpga/2010/15/section/4