Secondary School complaint about mixed sex changing rooms. Update, school response and request for help writing the escalated complaint to governors

Me, too...

At which point my recommended response is... to scream into a pillow?

It's like Naomi said in last week's? tribunal - it's been made virtually impossible to express our concerns.

Infuriating.

Cynical evasion, as a result of capture would be my conclusion.

Do you think their response is ignorance, cynical evasion or total capture, Lofty? If ignorance, just... wow. Not that the others are any better!

Catiette

The school must balance the impact of its decisions on all students potentially affected and have sufficient justification for the decision that has been reached. Any student who has a need or desire for increased privacy, regardless of the underlying reason, will be provided with a reasonable alternative changing area.

Cynical me thinks that the reply will be (faux wide eyed innocence)
"But she doesn't want extra privacy, she is happy to be with the other girls."

I remember your first thread. I’m so glad you are taking it further. Knowing the head, the ridiculous response, completely missing the point, doesn’t surprise me 😂
Solidarity from a local.

Sorry, one more thing. Cass on social transitioning. Are they requiring a doctor's note from the trans student? Irrelevant to their right to use female spaces regardless, of course, so you may not want to risk giving the impression you think this would legitimise that in any way... but if worded carefully, it could be interesting to ask how they define trans: this would necessitate a direct, written admission from them that they're actively engaging in the potentially harmful interventions against which Cass warns.

Have read the rest - ofc what stood out to me has to everyone. Agree that this is particularly powerful.

Some drafting errors in my above I was too slow to edit out. But hope it helps.

Protection under the 'gender reassignment' bit of the EQA 2010 starts as soon as they've decided to transition or even discussed it with anyone - it's almost unbelievably imprecise considering this is a piece of legislation

Not if they are still legally children.

No time to check but isn't if now agreed to be 18?

(And I dont think it is a lose as just discussing it once. It has to be shown that a decision has been taken to go down the path to transition. And if that included not wanting to go as far as getting a GRC, they wouldn't be covered as that is gender identity which is not - yet - a legal category)

Haven't yet read others' responses, so this may have been covered, and you'll have far better ideas from many vipers by now, but the parts that struck me (no legal expertise, but a very keen nose for fairness and weasel-words) was this:

The implication that trans students might pose a significant safeguarding risk if they were to use a changing room of the opposite sex is unsubstantiated and contrary to paragraph 205 of the guidance which states: “A child or young person being lesbian, gay, or bisexual is not in itself an inherent risk factor for
harm, however, they can sometimes be targeted by other children.” (1)

and

The school must balance the impact of its decisions on all students potentially affected and have sufficient justification for the decision that has been reached. Any student who has a need or desire for increased privacy, regardless of the underlying reason, will be provided with a reasonable alternative changing area. (2)

My suggestion - although these come from breathless anger at reading this, so may not match the exquisitely factual and professional tone of your draft! - is that such evasion positively invites the following direct requests as a follow-up...

1. I was confused by your inclusion of assurances that "a young person being lesbian, gay or bisexual" creates no increase in risk, as this has no relevance to my queries, and may indicate that you have misunderstood these somewhat. As such, I'd be grateful if you could provide me with the corresponding assurances that do address my actual concern, which is the increased risk posed by males, including trans-identifying males, to females. My concern is founded on the statistical evidence attached (*I'm sure, from your work on this, that you have ample!) I would be reassured to receive your equivalent assurances that there is an evidence-based consensus that male students, including those who perceive themselves to be female, present no increase in risk to female students.

2. I was reassured to hear that "any student who has a need or desire for increased privacy, regardless of the underlying reason, will be provided with a reasonable alternative changing area". However, I would be grateful for a detailed explanation of how this would be managed practically in a way that safeguard such students privacy? Specifically, please would you explain how you will guarantee that no student with a history of sexual assault (perhaps include stats for number of students affected / rapes in secondary schools etc.) will experience or perceive any pressure from adults or their peers* to justify explain such a decision. It would, I am sure you will recognise, be unacceptable for a female student to feel obliged to disclose such sensitive, distressing and damaging personal information as a direct result of your policies.

Hope this helps. Such explicit requests for assurances they can't possible give may draw their attention to the issue at hand and their own vulnerability to further action, and their shockingly cynical reference to gay etc. students simply, rather foolishly, invites response 1) above - it implies they acknowledge you deserve such assurances, in which case great - let's have them with regard to the male students you're actually writing about, please!

Angry on your behalf.

Will read others' suggestions when time permits.

Good luck.

I would send all this to safe schools alliance.

Have sent a pm

they are fully assuming that draft means it could be ditched.

it could be strengthened.

IANAL but what’s there NOW is referenced in kcsie.

worth pointing out that a part of kcsie 2024 that is also draft is around prevent. (Search the word draft in the document.)

Protection under the 'gender reassignment' bit of the EQA 2010 starts as soon as they've decided to transition or even discussed it with anyone - it's almost unbelievably imprecise considering this is a piece of legislation. It's nothing to do with having a GRC. I also noticed that it doesn't say the child automatically goes to the opposite (desired) sex's changing rooms, so that's one avenue that could be explored maybe? Probably not really worthwhile as it sound like the Head is up their own arse.

We know from watching the FWS case in the Supreme Court that there is absolutely no doubt that a male without a GRC remains legally a male and, if this is a school, boys there won't be of an age to have a GRC, so they are legally and in fact male.

Good on you, OP, for not letting this go: it's totally outrageous that they are behaving like this.

Yes it’s gender questioning children now as per kcsie.

child cannot legally transition till 18. But I think if they have to ‘live as’ for two years, that would mean grc at 20? But I’m not 100% clear on that

Forcing a boy who identifies a girl into a boys changing room may be indirect discrimination under GR, but allowing said boy into a girls changing room may also be indirect discrimination on the basis of sex - hence the EHRC guidance for an alternative.

To get a GRC which likely none of these pupils have so are still legally and obviously biological male a person has to have a diagnosis of gender dysphoria. I’d be asking the headteacher for documentation on where support for a dysphoric male involves seeing females in a state of undress.

Your letters are excellent; you could try to pull them up on the points above.

Then other thing is that, whilst it’s draft, the gender questioning guidelines still stand, and are quoted in kcsie. Whilst it’s not “must” it still a statutory “should,” IE it’s expected, not a choice. I believe the ‘musts’ are that you’d be charged by police if you don’t do them as instructed (eg immediately call police if child fgm is suspected.)

Twitter just showed me this excellent speech in Parliament yesterday noting that gender questioning children guidance needs to come out esp around sport.

https://x.com/hartleythinking/status/1908112797050769563?s=46&t=A2fpFNgDRyXF2d6ye97wEA

it could be worth writing to the MP as well as Bridget Phillipson and Catherine MckInnel

No help but I have been through this, except it was toilets not changing rooms.
My initial complaint was dismissed but when I quoted the relevant legislation they backed down.

Sorry they seem to have dug their heels in here and good luck in resolving your complaint.

This could be indirect
gender reassignment discrimination unless it can be objectively justified. A suitable alternative
might be to allow the pupil to use private changing facilities, such as the staff changing room or
another suitable space.

I thought gender reassignment was only a protected characteristic for those with a GRC (i.e over 18s) but even so, why quote guidance that they aren't following by suggesting that students use a third space instead of being allowed into the changing rooms of the opposite sex.

I would definitely contact Sex Matters. DM on Twitter or Maya Forstater, Helen Joyce. If you contact them and mention your deadline I’m sure they will get back to you. Safe Schools Alliance website has lots of info but really I think your initial complaint covered it. I agree with other posters, the Head is deliberately or otherwise conflating LGB and the T. Do approach them for support. Good luck. Do keep us updated.

I don't have anything useful to offer, OP, sorry, but I was struck by this from the school's reply
The Technical Guidance for Schools in England of the Equality and Human Rights Commission
provides the following example regarding the use of changing facilities in schools:
A school fails to provide appropriate changing facilities for a transsexual pupil and insists that the pupil uses the boys’ changing room even though she is now living as a girl. This could be indirect gender reassignment discrimination unless it can be objectively justified. A suitable alternative
might be to allow the pupil to use private changing facilities, such as the staff changing room or another suitable space.

The use of the word 'transsexual' instead of 'transgender' suggest that this is not the current Technical Guidance for Schools, there's a 2023/24 update I believe?
I'm sure someone with more knowledge than me can confirm.

l see also that even this guidance doesn't say that girls can be forced to accept a boy in their changing room, it just says that the boy can't be forced to use the boys' changing room. So it seems to me that the school would be complying with the guidance by 'on a case-by-case basis' if they provided any trans students with 'A suitable alternative
might be to allow the pupil to use private changing facilities, such as the staff changing room or another suitable space.'
Thereby keeping the changing rooms single sex.

And as others have pointed out, this has nothing to do with LGB students!

*move to stage 2 of their complaints policy.

They’ve also said “trans students” - it’s gender questioning children now in kcsie.

Look at school policies regarding formal complaint procedures and follow them.

write to the children’s commissioner (who probably can’t do anything but it would be on record). They may write to the school.

once the complaints process has been completed you may find you’re sent onto Ofsted and the DfE.

Absolutely agree.

yes this.

for a start it’s a legal requirement.

a child cannot legally transition. The child is their natal sex and so they are entering spaces for the opposite sex with teacher / school / head teacher consent.

IIRC both organisations have factsheets on this.