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Feminism: Sex and gender discussions

DfE settles in Cornwall case

136 replies

ResisterRex · 24/09/2022 07:29

In The Times:

Parents force review of school trans guidance

www.thetimes.co.uk/article/79e44c92-3b52-11ed-a8ae-d2d57cd0511a?shareToken=0d2f7731ea5f88a5b2a41c3ab900d401

"Ministers are to review contentious guidelines on how schools should deal with gender identity after settling a court case with parents who had been accused of being transphobic.

...

The couple have now won £22,000 in legal costs after the department relented in the face of a judicial review of its decision not to support the parents in their battle with the school.

...

The Rowes highlighted to the education department what they said was expert evidence that revealed how “trans-affirming policies” allegedly can lead to “catastrophic outcomes”. But they claimed that Whitehall officials “refused to properly assess this evidence” and rejected the Rowes’ complaint.

At the High Court in February, Lord Justice Lane granted the parents permission to bring a full judicial review of the department’s decision. But lawyers for the department have now settled the case and paid the Rowes £22,000."

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LK1972 · 24/09/2022 20:29

'As this is a Times report, it needs to be read with some caution' - lol, @RobinMoiraWhite you call yourself 'female barrister'. I do read everything you say with caution. Including calls for removing black, female head of EHRC and attacks on Helen Joyce.

The wind, it is a-changing, our ploppy friend, the EHRC are working on new statutory guidelines, just like DfE, and then where will your already discredited book/career be?

Abitofalark · 24/09/2022 20:23

This is the Isle of Wight case that there was some publicity about quite a while ago - I'd forgotten all about it. It's about a Christian couple and a Church of England primary school - you couldn't make it up - although someone did make up the guidelines, obviously.

"The couple’s legal action was initially prompted in 2017 after they raised concerns when two biological males in their sons’ classes were allowed to come to the Isle of Wight school identifying as girls. Both of their sons were aged six at the time.

The school gave the Rowes, who are devout Christians, an “accept it or leave” ultimatum after they were told that one of their sons would be demonstrating “transphobic behaviour” if he showed an “inability to believe a transgender person is actually a real female or male”.

The Rowes highlighted to the education department what they said was expert evidence that revealed how “trans-affirming policies” allegedly can lead to “catastrophic outcomes”. But they claimed that Whitehall officials “refused to properly assess this evidence” and rejected the Rowes’ complaint."

And for the poster who urged caution about The Times, note that the article is by Jonathan Ames, the Legal Editor, so it's not as if it is written by some work experience youngster, rather than a seasoned senior legal journalist who knows a thing or two.

Lovelyricepudding · 24/09/2022 19:35

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Oh, here we go again.

MrsOvertonsWindow · 24/09/2022 19:34

RobinMoiraWhite · 24/09/2022 08:48

As this is a Times report, it needs to be read with some caution. Let’s start with the headline. The Rowes have ‘forced’ nothing. There is an existing review in progress. The Rowes had no part in causing that to happen. Meanwhile the existing guidelines remain in place. The Rowes have received £22,000 towards legal costs - no doubt only a proportion - no compensation.

Is there a specific review into the grim Cornwall guidelines Robin or is it part of the unpicking of the excessive lobby group influence on education?
To be fair, the Cornwall guidelines are marginally better than most of the guidelines with contributions from education experts and those with safeguarding training evident. Quite different to the remainder where trans activists and those adults with a special interest in ensuring that vulnerable children / adolescents are transitioned have been able to influence education practice despite their evident lack of qualifications and expertise in child and adolescent development, safeguarding, education and pastoral care in schools.

Norma27 · 24/09/2022 19:34

@RobinMoiraWhite you mean bullying a victim on these boards when you are involved in that case. Absolute shame on the BSB if they didn’t severely reprimand them. Especially as it’s not the first time you have intimidated women in cases you are involved in.,
Anyway, going to answer my other questions yet? I’d be interested in your response.
To make it easier I’ll ask again:
is it ok for parents/schools to trans children as young as 6?
a different case, but in your opinion is it acceptable for a male teacher to teach students whilst he is wearing gigantic prosthetic breasts? You cannot fail to have seen it on twitter, and if you haven’t seen then a quick search will show you.

LaughingPriest · 24/09/2022 19:33

Why are we paying heed to someone who was given an entire article to explain what they believe a woman is and still couldn't manage it?

Tell you what, it'd be convenient if online papers like the Times could manage to link to the documents they're describing - whether it's scientific studies or written judgments. I always prefer to go back to the source as well as reading commentary.

TastefulRainbowUnicorn · 24/09/2022 19:29

Was this where you turned up on the thread where a victim of rape was discussing their legal case where they have been discriminated against and denied appropriate support - where you are representing those denying her support? Do you think atempting to intimidate the opposing party like that, especially a vulnerable rape victim, is ethical behaviour?

Once again Robin Moira White has responded directly to a post containing these questions, without answering them.

Thanks to them for the interesting insight behind the scenes of the Bar Standards Board, though.

RobinMoiraWhite · 24/09/2022 19:20

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By all means, since you have asked.

The Bar Standards Board dismissed the multiple complaints at the ‘sifting’ stage (without consulting me). Presumably because correcting a factual inaccuracy is not a breach of any part of the Bar Code of Conduct.

TastefulRainbowUnicorn · 24/09/2022 18:54

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Norma27 · 24/09/2022 18:46

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RobinMoiraWhite · 24/09/2022 18:35

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ResisterRex · 24/09/2022 12:34

Problem is, Dworkin, those guidelines are good but they aren't statutory. So there's a tension between those and the RSE or Working Together (or both, I do get them muddled) which are statutory and state "gender identity".

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DworkinWasRight · 24/09/2022 12:15

AmaryllisNightAndDay · 24/09/2022 09:49

I presume the DoE settled out of court because they can no longer justify the guidelines and accept they are wrong.

That's my take on it too. There's been a lot of water under the bridge since these parents started their case in 2017, for example recently there's been Dr Cass on the dangers of social transition for young children - and guidelines that were issued way back in 2012 must be very out of date and are going to be revised. So no point in prolonging the legal battle.

Apart from which the DfE itself issued guidelines in 2020 for teaching RSE which explicitly state that no child should be taught it’s possible to be born in the wrong body, and schools shouldn’t use teaching materials that suggest a gender non conforming boy is a girl, or vice versa.

LunaLights · 24/09/2022 11:25

@RobinMoiraWhite - As we have established, I don’t do bundles.

Oh, we know 😉….

Norma27 · 24/09/2022 10:26

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TastefulRainbowUnicorn · 24/09/2022 10:20

Am I the only one who hears “I don’t do bundles” like Ross saying “we were on a break!”?

😁😁😁

now you’re not!

ResisterRex · 24/09/2022 10:16

That's interesting, Appletree. Possibly it's related to their Equality Objectives? Specifically the first one:

www.gov.uk/government/publications/ofsteds-equality-objectives-2020-to-2022/ofsteds-equality-objectives-2020-to-2022

"Ofsted will give due regard to equality, diversity and inclusion during inspection and regulation and in its research and evaluation work
In making judgements, inspectors will assess whether those we inspect and/or regulate comply with their relevant duties under the Equality Act 2010...

Success criterion
Inspectors report non-compliance with the Equality Act 2010 whenever encountered."

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Appletreefarmyard · 24/09/2022 10:11

On a related note, a presentation at the beginning of term on 'Preparing for Ofsted', from the School Improvement Team in a 'progressive', said that policies have to use the term sex not gender as gender isn't a protected characteristic - We were told Ofsted will pick up on this. Sex was then referred throughout the presentation.
Attention was also brought to SRE (sex and relationship education) saying sexual harassment and abuse are likely to be a focus in the safeguarding aspects. We were told they would look to see in single sex grouping was being used to ensure the differences arising for the two sexes could be explored in sex specific ways.
This is a far cry from what this LA has been putting out. It was interesting that it was presented neutrally and without any comment or judgement either way. I guess the material reality of them needing their schools to perform well led to this presentation.

It'll be interesting to see what follows in terms of what else they put out going forward. The Director of Children's Services will not want practice that will undermine a good Ofsted inspection going out.

For the record, I don't think it's good that schools are so heavily influenced by Ofsted and the fact that I see these specific changes as positive doesn't change that. I am just noting this change in focus. I recall a similar session years ago that was focusing on the T, in relation to not limiting the coverage to LGB. This was before the 'plus'. The plus has never made it in to any Ofsted sessions!

AmaryllisNightAndDay · 24/09/2022 09:49

I presume the DoE settled out of court because they can no longer justify the guidelines and accept they are wrong.

That's my take on it too. There's been a lot of water under the bridge since these parents started their case in 2017, for example recently there's been Dr Cass on the dangers of social transition for young children - and guidelines that were issued way back in 2012 must be very out of date and are going to be revised. So no point in prolonging the legal battle.

Norma27 · 24/09/2022 09:46

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Lovelyricepudding · 24/09/2022 09:31

I presume the DoE settled out of court because they can no longer justify the guidelines and accept they are wrong.

Cailin66 · 24/09/2022 09:24

@RobinMoiraWhiteAs we have established, I don’t do bundles.

Are you not in charge of the content of said bundles, while not physically being the one to put them together. And do you not have to check the bundles to see all is in order.

Lovelyricepudding · 24/09/2022 09:19

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SerotinaPickeler · 24/09/2022 09:18

www.countypress.co.uk/news/19648741.isle-wight-couple-hope-sue-school-transgender-issue/

The comments on this article are very interesting. Reporting back from 2017 when the original event occurred. The comments reflect the range of views and misunderstanding around in 2021.

ResisterRex · 24/09/2022 09:17

Existing guidelines being perhaps Working Together which wrongly includes "gender identity" which is nowhere to be found in law? Yes. That wording can go for starters. Guidance - statutory or not - must follow the law as debated and set by our democratic procedures. Not as sneaked in Dentons-style by unaccountable lobby groups.

Does one get compensation in JR proceedings? I thought not.

Does JR look at whether the process followed was wrong or right? I thought it did. So if the DfE was so confident it had done everything right, why settle?

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