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Feminism: Sex and gender discussions

Legal rights of gender dysphoric yr 8 boy to be placed in a girls dorm

293 replies

PrawnQuaver · 12/10/2021 07:13

Please could anyone help me understand the legal rights involved in the situation of a private school placing a gender dysphoric year 8 boy, who is currently identifying as female, into a girls dorm on school residential trip without consulting the parents of the three other girls in that dorm or asking the girls themselves?
The 10 protected characteristics of the 2010 Gender Equality Act have been quoted as cast iron justification but I don't know enough about it to provide a strong counter argument.

I've name changed for this post but am a long time mumsnetter

OP posts:
NecessaryScene · 12/10/2021 09:31

Might be worth looking at this thread, where we see an actual attempt to cover up a rape at school due to this sort of idiocy.

The school call the police on the girl's father for making a fuss about his daughter being raped, not the perpetrator.

www.mumsnet.com/Talk/womens_rights/4320956-Teacher-quits-school-publicly

(Doesn't seem that the boy was claiming to be trans, but was certainly using these policies to avoid being challenged on entry to girls' spaces, and then that incentivised the school to cover it up and lie about it).

OperationDessertStorm · 12/10/2021 09:27

You could also ask about other boys - if there is a boy who could be gay/disabled/bullied, are the girls expected to just accept that boy in their dorm and shower block to be nice?

Are they happy to set a precedent meaning that any boy who requests access will now have access on future trips?

Are we teaching teenage girls that they can’t have spaces without males?

But really it’s just a straightforward safeguarding says no.

crumpet · 12/10/2021 09:25

What is the actual or potential discrimination, if the boy is not permitted to share the girls room?
If they are allowed to go on the trip, and provided with proper accommodation, which may mean a single room, They have not been discriminated against.

Dozer · 12/10/2021 09:19

WTF has happened to safeguarding?

Tedimhoardingrightsosaur · 12/10/2021 09:19

@MrsFin

I predict that if you complain, it will be your DD who will be offered separate sleeping accommodation, and not the boy. Which boils my blood. I left Guiding for fear this would happen at a residential on my watch. Their policy is also to not inform parents of a mixed sex sleeping situation, and Leaders would not be allowed to include this on the risk assessment for the event. Please do complain OP, and keep us up to date. If you're near me, I'd be prepared to support a demo outside the school gates.
Good for you, MrsFin. I'm still in. Just had another sleepless night over whether to leave. My unit will fold if I do, we are the last one left in our district. I have volunteer's guilt.
BatmansBat · 12/10/2021 09:18

OP, you have got some really good advice here. I would urge you to speak to the other parents as well. You will not be alone in feeling the way you do.

Tedimhoardingrightsosaur · 12/10/2021 09:16

I totally agree, Purgatory . I also believe there was/is some nonsense being fed to trans girls that they can't get a girl pregnant because they are a female. Can you imagine how horrifying it would be to be engaging in what you think is harmless and consensual sexual activity - with a girl who has been equally brainwashed to believe that you, her partner is a girl/lesbian - to then end up a teenage father? What is being done to these children makes my head and my heart ache. What an absolute mess.

AlfonsoTheDinosaur · 12/10/2021 09:10

@oldwomanwhoruns

Quoting from the Sex Matters advice document, the equality Act is clear:

"The Equality Act 2010 permits schools to arrange single-sex communal accommodation, for example on school trips or for boarding schools (including linked facilities such as toilets and showers). This is for reasons of privacy. As with toilets and changing rooms, it is not appropriate to accommodate children of the opposite sex in single-sex communal accommodation (since it would then no longer be single-sex)."

That is brilliant. It sums up what the OP should say.
Artichokeleaves · 12/10/2021 08:59

I feel the boy's rights have been put over and above the daughter's rights to sleep in a safe single sex space

They have.

There is no way round this. To do this means admitting that male children's choices and feelings are prioritised and valued above the basic rights and standard safeguarding entitlements of female children. That needs to be clearly pointed out and they need to be willing to own that. Plus be aware of legal liability if a girl sues them because in this 'yes we know it's against the rules but be kind, cross your fingers and let's hope' scenario the girls are the ones who stand to lose in a major, front page of the Daily Mail kind of way.

I'm afraid at this point I would refuse to let a daughter go on any overnight trips. The consequences of something going wrong would be potentially life changing. The consequences of saying no to a male child and finding them instead alternative provision away from the male sex provision if chosen? Not life changing.

oldwomanwhoruns · 12/10/2021 08:58

Quoting from the Sex Matters advice document, the equality Act is clear:

"The Equality Act 2010 permits schools to arrange single-sex communal accommodation, for example on school trips or for boarding schools (including linked facilities such as toilets and showers). This is for reasons of privacy. As with toilets and changing rooms, it is not appropriate to accommodate children of the opposite sex in single-sex communal accommodation (since it would then no longer be single-sex)."

oldwomanwhoruns · 12/10/2021 08:55

good point @Lovelyricepudding, I didn't notice that... perhaps not...

Lovelyricepudding · 12/10/2021 08:49

How about talking about the PUBLIC SECTOR EQUALITY DUTY?

Does this apply to private schools?

MrsFin · 12/10/2021 08:49

I predict that if you complain, it will be your DD who will be offered separate sleeping accommodation, and not the boy. Which boils my blood.
I left Guiding for fear this would happen at a residential on my watch. Their policy is also to not inform parents of a mixed sex sleeping situation, and Leaders would not be allowed to include this on the risk assessment for the event.
Please do complain OP, and keep us up to date. If you're near me, I'd be prepared to support a demo outside the school gates.

NapoleonOzmolysis · 12/10/2021 08:49

This is where we get to, isn't it, when the government are happily locking up men in women's prisons - if you're happy with a convicted rapist sharing a cell 23 hours a day with a victim of DV, what's a 12 year old boy sleeping in the same room as some girls for a night or two? I mean, they share a unisex toilet at school anyway Hmm

PurgatoryOfPotholes · 12/10/2021 08:47

@Tedimhoardingrightsosaur

Unfortunately, Purgatory, the "all trans people are brave, stunning and angelic" and "this never happens" narratives have gone a long way in befuddling minds - people genuinely believe that nothing untoward will happen, and I think they genuinely believe that a trans girl won't behave like any other horny teenager in possession of a penis.
It's weird. You get people claiming that "false accusations of sexual assault" are a huge problem all the time, and that we must protect males from this.

You also get people claiming that horrible transphobic women and girls persecute and victimise males with gender dysphoria.

But suddenly, neither of these is a safety concern when someone wants to place a male in a women's space. No-one worries about how they need to protect males from "false accusations of rape" when it's someone identifying as trans and no-one worries about girls bullying the kid with gender dysphoria. They're all certain he's absolutely safe from both.

aweegc · 12/10/2021 08:45

I wonder if OPs daughter was identifying as male if the teachers would have been quite so happy to put her in with three boys...

OP good luck, I'm afraid you'll need it, but you're absolutely right. Remember that "gender critical views" (ie acknowledging basic biology) are protected by law.

oldwomanwhoruns · 12/10/2021 08:45

How about talking about the PUBLIC SECTOR EQUALITY DUTY?

Your school seem to know nothing about the law, beyond what they have been taught by Stonewall (I see their sticky fingers all over this)

Schools have to comply with the Public Sector Equality Duty, over and above the Equality Act. This adds additional responsibilities for public bodies. It might be a useful 'soundbite' to chuck at them!

dera.ioe.ac.uk/16086/1/public_sector_equality_duty_guidance_for_schools_in_england_final.pdf

"When making a decision or taking an action a school must assess whether it may
have implications for people with particular protected characteristics."

  • in this case, SEX.

Don't mess around, OP. Tell them that you and loads of other parents will start Offstead complaints. Mean it. This is not a rehearsal...

Tedimhoardingrightsosaur · 12/10/2021 08:44

@PrawnQuaver

Many thanks for your replies - there's enough there to keep me busy all day making sure I get my head round it. I'm new to all of this terminology and feel like I'm wading through mud.

Could I ask you what you would say to the school as the mother of one of those girls who had to share with a boy (who wants to be a girl) in the dorm without being asked?

I feel the boy's rights have been put over and above the daughter's rights to sleep in a safe single sex space (age 12, far away from home, no parents on hand) but I know they are going to start quoting all the legal stuff and it will get heated and emotional and it will be hard to stay cool and quote their misinterpretation of the law back at them (especially if I don't manage to get to grips with it today!)

I can't actually believe this has been allowed to happen!
I'm after some good, impactful soundbites.

I cross posted, so am linking this again. Avoid wading through the mud and do read this first - it's designed to help you wade through the legalese and the muddying of waters that bodies like Mermaids and Stonewall have created amongst educators:

www.transgendertrend.com/product/boys-and-girls-and-the-equality-act-guidance-for-schools-england-wales/

Tedimhoardingrightsosaur · 12/10/2021 08:40

Unfortunately, Purgatory, the "all trans people are brave, stunning and angelic" and "this never happens" narratives have gone a long way in befuddling minds - people genuinely believe that nothing untoward will happen, and I think they genuinely believe that a trans girl won't behave like any other horny teenager in possession of a penis.

Lovelyricepudding · 12/10/2021 08:40

When the school incorrectly stated there were 10 protected characteristics, did they list them? I wonder if whoever gave them their training might have added 'gender' or 'gender identity'? These are not protected characteristics. The protected characteristics for children in school are:
Sex (male or female)
Disability
Gender reassignment
Pregnancy and Maternity
Race
Religion of belief
Sexual orientation

RoyalCorgi · 12/10/2021 08:36

I would definitely get in touch with Safe Schools Alliance, and they should be able to give you a clear explanation of the law and how best to raise it with the school. They may also be able to recommend a lawyer who could write a letter for you. Lawyers' letters do tend to focus the mind a bit.

PurgatoryOfPotholes · 12/10/2021 08:36

If they go down the route of claiming that there could never be an issue, ask them what they are doing to protect him from allegations, then?

When performing intimate examinations on female patients, male healthcare staff ask for a chaperone for their own protection, as well as the female patient's comfort, in case of a genuine misunderstanding leading to an official complaint or a female patient making a malicious allegation later.

I am surprised that no-one wishes to safeguard teenage children against such eventualities. If either is a risk for healthcare staff from adult patients who have deliberately sought medical treatment, surely each is a much higher risk in the tempestuous social environment of a secondary school?

Male children who feel unable to share with other boys should be given private space of their own for changing and sleeping, as a matter of routine. Not just shunted into the girls' spaces.

AlfonsoTheDinosaur · 12/10/2021 08:30

This situation is horrifying. Girls have a right to privacy and security and letting a boy in violates that.

Tedimhoardingrightsosaur · 12/10/2021 08:29

This guide is a collaboration between Sex Matters and Transgender Trend, designed for parents and schools. You can download it from the link:

Boys and Girls and the Equality Act

Leafstamp · 12/10/2021 08:23

@NecessaryScene

The really complicated bit is whether or not there is unlawful discrimination against the girls in this scenario. I think there may be (boys get single sex sleeping accommodation, girls don't) but this has to my knowledge never been tested in court.

There is also potential discrimination against boys. You can only exclude boys to provide single-sex accommodation. If you're letting some boys in, then by doing so you've undermined your logic that it's necessary to keep boys out.

Permitting one boy shows you can permit other boys. The exemption in the EA2010 no longer protects you from being accused of sexual discrimination by the excluded boys.

Yes. This.