Please help me write to my school about toilet policy

I sent the Sex Matters guide to my DS Head, who had previously endorsed the whole 'born in the wrong body' concept and compared my concerns to his experience of having worked through the section 28 era. He was totally unwarranted of the DfE changes that happened during Covid or what materials schools should/should not be using.

Around a week after I sent the guidance, through the link on their website, he wrote back to me. The Head showed he now has a very good understanding and practical application of the guidance and I am now very happy that these issues will be dealt with correctly.

Perhaps start with sending the guidance and a very short message stating their most recent email contradicts this guidance and 'perhaps you were not aware?'

I would just actually go for asking for the evidence on which they've based the decision to segregate by gender (identification based on nothing physical), instead of sex.

Are there statistics that show people who identify as male are a threat to people who identify as female or vice versa? Can you see it?

If not, what's it based on?

And does the threat from males to females that female-only toilets were based on not exist anymore? Again, direct you towards that evidence.

Make them answer your questions and not the other way around.

Exactly as FOJN says. There are 9 protected characteristics in the Equality Act all of equal importance. It is the school's public equality duty to foster good relations between people who share a protected characteristic and those who do not share it. If someone claims gender reassignment (not gender identity) it does not give them automatic access to services opposite to their sex (because that would be mad) but prevents them from being discriminated against because of the process they are undertaking.

Have you any friends on the staff who feel as you do and would add their name to the email alongside you? If you trust any other staff members, it might be worth discussing their views on this. As others have said, there are likely going to be parents who will have concerns about this. Has the policy gone public? What about pupils? Are they aware and if so how do they feel? Your arguments are good and I think backing them up with data is excellent. I wouldn't worry about it being long as it shows you've really thought about this issue. I understand your fears but if you are professional about it and state you want to discuss genuine concerns - without the intention to offend - then you ought to be heard. Starting with the safeguarding lead is best too, I think. Good luck.

A pupil may have the protected characteristic of gender reassignment which means they should not be treated less favourably than another pupil of the same sex.

And the significant thing here is that it's the birth sex, not the gender presentation the child wants to transition into.

As PP say, the Dep. Head's reading of the Equalities Act is just wrong. Sex Matters will help you here.

A new, long, email has been sent by the assistant head about trans vocabulary we must use and two thirds down the document it matter of factly explains that we can reassure any pupil that they can use the toilets of whichever gender they identify with. It says that this is required under the Equality Act.

This is incorrect. A pupil may have the protected characteristic of gender reassignment which means they should not be treated less favourably than another pupil of the same sex. Minors cannot obtain a GRC and so can't change legal sex, whatever their gender identity they remain, in law, their birth sex. The EA sets out exceptions for single sex provision. Providing single sex toilets would qualify as "a proportionate means to achieving a legitimate aim", namely the privacy and dignity of female students. The EA DOES NOT REQUIRE SCHOOLS TO MAKE TOILET PROVISION ON THE BASIS OF GENDER IDENTITY.

I believe the school has a public sector equality duty and would need to provide evidence they had carried out an equality impact assessment if they decided not use the EA single sex exceptions and allow trans identifying students to use the toilets aligned with their gender identity.

I believe there is further legislation regarding the lawfulness of mixed sex toilets in schools but I cannot remember it in sufficient detail. It may render everything else I've written irrelevant.

There is schools guidance on sex matters org and Transgender trend websites.

In my child's school, the Deputy Head tried to introduce similar mixed sex toilets/ changing rooms but it was blocked by the Head of Welfare. She said it was due to safeguarding/ privacy for all students, including pupils being supported after sexual abuse, girls with periods, religious students (ie to ensure all students could use the loos). Many female pupils were worried about it, but it was a group of boys who went privately together to the Head of Welfare to request changing rooms remained single sex as none of the girls dared say anything. (One girl/ transboy objected vociferously about not being able to change in the boys) .

Instead children who identify as trans have been given access to a single use toilet off a different corridor (used to be a staff loo) for extra privacy.

One of the schools orgs online sends it direct to schools on request (so you don't have to give your name)- can't remember if it's Transgender trend or sex matters...

we can reassure any pupil that they can use the toilets of whichever gender they identify with. It says that this is required under the Equality Act.

In that case, girls must be EQUALLY free to use any toilet in the school, including female staff toilets, and male staff toilets where they won't be pestered by teenage boys. The female and male staff will surely welcome this in a supportive way. Ageism is SO not woke.

In the interests of equality, transgirls and other girls can freely choose to use the toilets marked "boys". Therefore the school must provide menstrual disposal facilities in all boys toilets.

If I was of menstrual age in such a school I'd be rallying gangs of menstruating girls and female staff to use the boys toilets to change, loudly discuss and dispose of their used sanitary goods and socially educate those lads to save them any future embarrassing ignorance.

I am sure you would find support among parents, if you did send it.
I do understand the hesitation, though
I am sure some wise women with good advice will be along soon.

If you go on Twitter 'Sex Matters' have downloadable guidance for schools.