New School Policy

Alternatively of course you could just ask the governors if they really want to take responsibility for anything that happens on a trip where a female child is sleeping in a bedroom with a group of boys.

What's the context @Thumpsquids - is it a wider equality and inclusion policy? Does it also cover other protected characteristics?

Sex matters and Safe Schools Alliance have useful resources:
sex-matters.org/posts/publications/schools-guidance-2/
safeschoolsallianceuk.net/resources-2/factsheets/

Here are some questions I'd be raising:

• Where did this wording come from?
• Has it been reviewed by someone with broad knowledge of equality law (rather than an advocacy organisation with a position on what they think the law ought to be)?
• Have we considered what this sentence means in practice? (Loos, dormitories/bedrooms for trips, changing rooms, competitive sports)
• Have we risk assessed the above?
• Have we considered how this might impact other people with protected characteristics (particularly sex, religion/belief, disability)
• If so, how do we plan to manage those risks and impacts?

You could also reference the Cass review interim report, which clearly states that social transition is 'an active intervention' which should be carefully considered. In this light, should the school really be adopting a policy which obliges it to make this active intervention, apparently on request.

This is the kind of thing that could get nodded through as everyone wants to be nice and inclusive, and the next thing you know you're dealing with the practical implications of eg male pupils using the girls loos, or a vulnerable female pupil saying it's her right to sleep in the boys' dormitory on a school trip. And parents asking you what on earth were you thinking.

IANAL but as I understand it, the whole statement is quite correct, up until the final sentence which takes a gigantic leap into complete fabrication. (Quite sneaky, having lulled the reader into nodding along thus far.)

Gender reassignment, as described, is a protected characteristic in the Equality Act 2010. It is against the law to discriminate against someone on that basis. I think we're all likely on board with that. However, it does not say in the Equality Act (or anywhere else) that this means that a person must be treated as if they were the opposite sex. The Equality Act contains specific single-sex exemptions of scenarios where single sex services or facilities are permitted, such as sleeping accommodation, and which apply even if a person has a GRC, (which a school student couldn't have anyway).

The phrasing "Students must be included within a class of the sex that they identify with." is a bit odd. Presumably it means 'sex class' rather than 'school class'. What does that mean for students who identify as non-binary and precisely don't identify with either sex? (In dc's school most of the children identifying as trans are NB.)

Only adults can be granted a gender reassignment certificate. The law does not apply to children.

Yeah, I'd be getting ready to contest that, particularly the guidance around separate facilities, and also maybe around the fact that social transition is not neutral.