Mermaids statement:
PRESS RELEASE
23 OCTOBER 2016
Parents fearful in supporting transgender children following High Court ruling
Parents of gender questioning and transgender children have expressed serious concerns, following publication of a High Court ruling in which a gender questioning child was removed from their mother on the basis that, in allowing the child to express gender non-conforming behaviours, the mother was in some way making her child transgender.
Social services found no evidence to support the threshold of any significant or other harm to the child and indeed judged her to be a loving and caring mother who had taken active steps to protect her child from bullying and was home educating them to a high standard.
Following publication of the ruling by Mr Justice Hayden, the transgender and LGBTQ community together with their allies have questioned the Judgement
One of the first to comment was Susie Green, CEO of Mermaids, the national UK charity that supports children, teens and families of transgender and gender questioning young people. Susie is available for interview, email [email protected] Susie commented:
“This case highlights the challenges of how professionals across a number of agencies including the Courts, understand and respond to issues relating to gender identity. This is a complex case, many aspects of which are not reflected in the judgement. Unfortunately, the Court did not request any expertise to be provided either from this organisation, or from the national centre for supporting children with gender issues, the Tavistock GIDS. There is also a body of international experts, commentary and research in this field, none of which has been formally accessed.
“We know from experience, having worked with hundreds of young people, and from international research that very young children can express gender non-conforming behaviours. The stress and isolation that families can feel when their child experiences gender identity challenges at any age can be immense. It must be appreciated that this matter involved parents who had separated in very acrimonious circumstances. “There have been a number of unsubstantiated allegations made against the mother which have been presented as fact in the judgement. What is clear is that the child’s voice appears to have been lost in the face of a bitter parental dispute. Mermaids would urge the Courts to respect the child’s human rights and that the child remains central to the entire proceedings.
Mermaids is aware that the announcement of the ruling was quickly followed by the creation of an online petition demanding justice for the mother and her child, which received over 3,000 signatures within hours, as parents of transgender children and their supporters feared for the human rights repercussions. Many voiced their concerns within protected social media groups, worried that by supporting their own children, they too may now be accused of child abuse.
Commenting within a closed forum, one parent of a young transgender child equated the current struggle as the ‘defining civil rights battle for the 21st century’, posting:
“Our children and families face hostility, criticism, abuse, isolation every day. No loving parent would choose this for their child. I love my daughter to the moon and back. And I will not allow hard won rights and protections to be taken away by ignorance and hate.”
An eminent child psychotherapist and gender specialist, (UKCP, BACP, WPATH), performed an independent assessment for the courts, which concluded that the mother had not instigated the child’s gender identity, that she was merely supportive of her child, and was open to the possibility of the child’s gender identity and expression changing in the future. Separately, the court was also presented with an independent psychiatric report which stated that the mother had no psychiatric issues. However, in contrast to the professionally endorsed reports, there was no substantive evidence provided to show that the child was being emotionally or physically abused, or was ‘at risk’ from her mother. This is not mentioned in the Judgement.
This judgement, as it stands, has significant implications for gender-questioning children and their parents. Indeed, the Social Services division at the heart of this case has already begun to review its policies. Mermaids is committed to supporting all professionals who work with these children and their families so that well informed, measured judgements can be made in accordance with the child’s human rights and the equality laws.
~ ENDS ~
About Mermaids:
Mermaids is a the only national charity offering support, to gender questioning and transgender children, young people and their families in the UK. Mermaids were awarded a National Diversity Award in 2016 and have been nominated for four other awards for the work they do in supporting children and their families to gender questioning and transgender children as well as education and expert support to organisations nationally. Mermaids work at a local, regional and national level to improve outcomes for these children as well with government bodies
A number of the trustees at Mermaids are also professional members of the WPATH ( World Professional Association for Transgender Health) and regularly engage with international leaders. Mermaids presented a national conference on 14th October 2016 attended by a 100 professionals, families and leaders who came together to discuss the needs of such children and ways to support.
Mermaids also offers resources and training to educational establishments and organizations on diversity and support for young transgender people.
The Mermaids charity, represented by CEO Susie Green, is one of the few organisations that is called to give evidence at government level on the topic of transgender issues and children. It is also the only charitable organisation outside of the NHS treatment pathway referenced by the NHS as a supporting body for gender questioning and transgender children.
Mermaids have successfully helped thousands of young people and their families since the charity was formed in 1995
For further information, please contact: [email protected] or visit www.mermaids.org.uk
References:
Mermaids Facebook Post: www.facebook.com/permalink.php?story_fbid=1122167297880045&id=192046384225479
Online petition: www.change.org/p/a-court-justice-for-a-young-trans-girl-that-has-been-taken-from-her-mum-forced-to-live-as-a-boy
England and Wales High Court (Family Division) Decisions www.bailii.org/ew/cases/EWHC/Fam/2016/2430.html PLEASE NOTE: This judgment was delivered in private. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the children and members of their family must be strictly preserved. All persons, including representatives of the media, must ensure that this condition is strictly complied with. Failure to do so will be a contempt of court