Safeguarding advice needed - gender identity policy in schools

[FOIrequester]

I would like some help from people on here who have a good understanding of safeguarding.

In 2018 Denbighshire Council published a new “Gender identity policy and implementation guidance” for schools in the area.

Following some freedom of information requests they have invited me to a meeting with some of their staff in the Education department. I need to make sure that I understand the legal implications for schools following their guidance and policy.

In their policy document they say:
"10.4.3 Confidential information must not be shared, even with the parents/carers, without the child or young person’s permission, unless there are safeguarding reasons for doing so."

My understanding from posts by LangCleg and others on here is that not sharing information with parents actually goes against safeguarding guidelines, so the default should be to share the information with parents.

Please can someone help me find the relevant parts of the legislation for Wales to show to the Council staff when I meet them? I've found this document, but it doesn't seem to be as clear as the English version about sharing information with parents.
gov.wales/sites/default/files/publications/2019-07/working-together-to-safeguard-people-information-sharing-to-safeguard-children.pdf

Have you tried Safe Schools Alliance? They might know

I'm a member of ssauk. Can you send me a DM. Or contact us via our social media/website.

https://safeschoolsallianceuk.net/contact/

Thanks GColdtimer. I've sent you a DM.

If anyone's interested, these are my FOI requests to Denbighshire Council.

First one asking for an Equality Impact Assessment. They sent an impact assessment which barely mentioned equalities, and after I asked them to review their response they sent one which implied that they thought the only protected characteristic they needed to include was gender reassignment.

www.whatdotheyknow.com/request/equality_impact_assessment_for_t_4

Second request asking about their consultation before publication of this policy. They only consulted a limited number of organisations which they invited to attend a workshop and complete the consultation on that day. Representatives of about a dozen schools and the local health board took part.

www.whatdotheyknow.com/request/consultation_for_the_gender_iden

It's not just against safeguarding guidelines, it's against the law. Parental rights as laid out in the Children Act 1989. You are your child's legal representative. You are the arbiter of medical, social and religious decisions involving your child. Your rights and responsibilities pertaining to your child are inalienable. They can only be removed by a court order. Stonewall Law is not law.

Stonewall Law is not law.

Hear, fucking hear. That should be on billboards.

''Children and the law: Parental Responsibility''
What is Parental responsibility, when does it apply, and who has it.
rightsofwomen.org.uk/wp-content/uploads/2014/10/PDF-guide-to-Children-and-the-law-parental-responsibility.pdf

Working Together to Safeguard Children 2018 policy (which informs schools) reiterates the legislative basis:

"All practitioners should follow the principles of the Children Acts 1989 and 2004 -that state that the welfare of children is paramount and that they are best looked after within their families, with their parents playing a full part in their lives, unless compulsory intervention in family life is necessary."

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/779401/Working_Together_to_Safeguard-Children.pdf

There is current thread is discussing this which may be of interest. OP, OnlyTheTitOfTheLangBerg has used LangCleg's explanation as start point:
www.mumsnet.com/Talk/womens_rights/3803858-Today-s-daily-dose-of-LangCleg-sense

Thanks R0wantrees. I'll look up the two Children Acts to find the relevant parts. Unfortunately the document you've linked to doesn't apply in Wales, as Education is a devolved power. I have been unable to find an equivalent policy document for Wales that mentions these acts.

Having looked at the impact assessment I would state that it’s very narrow in its perspective. It is a cursory view based on information provided by those who, on the face of it, would be more than appropriate to be consulted on it.

However, it is not explicitly transparent whose views it has given weight to, nor the mix or range of pupils - maybe of /at an age when they are most likely to want to be seen as ‘cool’ and be like their peers. The fact that it was led by Viva could mean that discussion was biased. You may say that I am making assumptions here but I would want to unpick some of this assessment and any other evidence it was based on.

It notes very few negative impacts which is surprising and those it does list but does not address what needs to happen to minimise them.

Ask for a more comprehensive assessment such as a health impact assessment, which in Wales takes a 360 degree view of these policies and see what comes back.

The default is to share with parents. Even in cases where there are serious concerns involving abuse, where children are immediately taken into care, parents are informed about the process.

This is the core document:

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/779401/Working_Together_to_Safeguard-Children.pdf

This is school specific:

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/835733/Keeping_children_safe_in_education_2019.pdf

God it's good to have you back @ROwantrees

They sent an impact assessment which barely mentioned equalities, and after I asked them to review their response they sent one which implied that they thought the only protected characteristic they needed to include was gender reassignment.

I can't think off the top of my head of the threads, but this has come up multiple times now on MN found in FoI requests and checks. It appears to be that a number of agencies have been misadvised somehow - not by standard national policy or EQIA guidance so the source can probably be guessed - that when writing gender identity policies it is not necessary to consider any other characteristics.

This rather goes hand in hand with traininers giving advice during trainings and groups writing generic policies for agencies having no training in safeguarding or in the needs of any other group under the EA, and therefore their advice focusing on one group only with no consideration of impact or needs of any other protected group. Indeed an inquiry reported after extensive interviewing of one of these well known trainers that they were not capable of understanding safeguarding.

So things to check:

• the necessity to check impact on ALL groups, the whole point of the exercise to ensure no group is disproportionately disadvantaged or intentionally overlooked or harmed by a policy or change: are all EQAIs this compromised or only when gender identity is involved? Has no one thought to question this? If not, why not?

• where has the communal misinformation come from because it would seem logical there's a common source.

• was due diligence carried out to check qualification and experience of any person or agency before accepting/following their guidance in designing policy? Were they holding current safeguarding training qualifications to the standard of a senior leadership member/designated safeguarding lead as would be expected in any school, or was their advice thoroughly scrutinised by someone so qualified before it went into policy? Were they equally qualified in all protected characteristics and the specific needs of those groups? Do they have wider background in this such as working with inclusion teams in LA?

• If - surely not - advice/guidance has been taken from a political lobby group, then was advice/guidance sought from other aspects of the political spectrum on the subject, and the guidance scrutinised to avoid schools being open to accusation of furthering a biased political stance or enforcing this on children and families? (Would they equally represent Momentum and their policies and enforce these?) What checks were done to ensure the group's representations were in fact a true and unbiased representation of law separate from their lobby interests? Surely no one's done anything embarrassingly compromising like not thought this through, done background checks and realised that political lobbies have an agenda and - gosh - political groups don't always tell the absolute unbiased truth?

"10.4.3 Confidential information must not be shared, even with the parents/carers, without the child or young person’s permission, unless there are safeguarding reasons for doing so."

This is madness. How is this happening?

In every single child protection training session I have ever done as a teacher, one of the things they always massively emphasise is that you never tell a child that you will keep their disclosure secret and you make it clear that you can't keep it a secret.

How can this be so at odds with that, and yet still apparently be OK?

Just to add: If you read the Green Party's inquiry report, their interviewing of a well known trainer it became apparent how very little that trainer was aware of law, policy, standards or what these things even meant.

It may well be that whoever has spread the misinformation that EQAIs done for gender identity policy need only consider people with gender identity need has done so innocently in full belief it is true, naiive as to what EQAIs are, how they work and why.

If this is the case then whoever followed this without having the training to know better or at least the brains to check their facts is professionally responsible.

God it's good to have you back @ROwantrees

Indeed it is.

You have been so missed.

(Weeps with relief)

Thank you, please don't weep!
We do all have to keep talking about Safeguarding everyday.

The principles of Safeguarding dont change though so it does get easier

How can this be so at odds with that, and yet still apparently be OK?

Look at the NSPCC pants campaign. It's principles. It's slogans. Fully supported by schools, it's great.

UNLESS the reason a girl feels uncomfortable, is being asked to undress or wants to say no is because a male who identifies as a girl is undressing in the room with her. The NSPCC will not admit to this conflict, they won't even discuss it because they can't. It's at absolute odds with their own beliefs and they know it makes no sense.

Ask them if it's a good idea to teach girls that saying no to males should depend on whether or not the male may be offended or hurt, and that they may be shamed or punished for offending or hurting with that no, and they won't answer you either.

It's a safeguarding mad hatter's tea party.

@FOIrequester Working Together To Safeguard is guidance for all practitioners/ agencies who work with children so includes schools. Its not an education policy

I think this is latest version by Welsh Government but do double check

gov.wales/sites/default/files/publications/2019-07/working-together-to-safeguard-people-information-sharing-to-safeguard-children.pdf

Horse or a sticker?!

Working Together To Safeguard is guidance for all practitioners/ agencies who work with children so includes schools. Its not an education policy

There seem to be two distinct sets of documents for England and Wales, with the England ones published by the Department for Education and the Welsh ones seem to come under Health and Social Care. Both of these areas are devolved, so I would expect there to be separate documents for Wales.

I think there are two documents which together are the equivalent of the England one, the one you linked to and this one:
gov.wales/sites/default/files/publications/2019-05/working-together-to-safeguard-people-volume-i-introduction-and-overview.pdf

I can't find a similar paragraph to the one you quoted from the England document about the Children Acts of 1989 and 2004 in either of these. The Children Acts do apply to the whole of the UK though, so I think it might be better if I refer directly to the legislation rather than the guidance when I am talking to the council. Thanks for pointing me in the right direction.

The Children Acts do apply to the whole of the UK though, so I think it might be better if I refer directly to the legislation rather than the guidance when I am talking to the council.

Yes always lead with the core legislation which is the Children Act.

Its also always worth referring to Working Together at some point in correspondance just so they are aware you are familiar with the relevent guidance.

The Safer School Alliance will, Im sure, have plenty of excellent resources & support available for any parent, carer or governor.

I have just looked at what safeguarding legislation and guidance is used in Wales. The NSPCC have these useful guides:

learning.nspcc.org.uk/child-protection-system/wales/

and even more relevant this one:

learning.nspcc.org.uk/research-resources/schools/safeguarding-legislation/

This would appear to be the appropriate legislation:

gov.wales/sites/default/files/publications/2018-11/keeping-learners-safe-the-role-of-local-authorities-governing-bodies-and-proprietors-of-independent-schools-under-the-education-act-2002.pdf

Chapter 3 seems to be the most relevant to the issue of confidentiality that you highlighted. Just looking through it, the points that seem most applicable are:

3.16 not promise to keep what they have been told secret or confidential, as they have a responsibility to disclose information to those who need to know: reporting concerns is not a betrayal of trust.

report their concerns to their line manager or (if appropriate) the member of staff in their organisation with designated responsibility for child protection.

3.33 Many professionals are under a duty of confidentiality. This is important in maintaining confidence and participation in services and thereby helping to protect children’s health and well-being. But, as relevant guidelines make clear, the duty of confidentiality is not absolute and may be breached where this is in the best interests of the child and in the wider public interest. If professionals judge that disclosure is necessary to protect the child or other children from a risk of serious harm, confidentiality may be breached.

3.37 Professionals should discuss any concerns about a child’s welfare with the family and, where possible, seek their agreement to making referrals to social services. However, this should only be done where it will not place a child at increased risk. The child’s views should also be considered in deciding whether to inform the family in some circumstances, particularly where the child is sufficiently mature to make informed judgements about the issues.

There are some other links contained within the document which might be worth checking out.

This article by Sarah Phillimore, a barrister, is also quite interesting as explains how similar guidance is failing to understand the interplay between the Gillick Competency of a child and the importance of parental responsibility. The section on the importance of parental responsibility which is recognised and protected by domestic and international law may be especially relevant because "in 2011 the Rights of Children and Young Persons (Wales) Measure made Wales the first, and so far only, country in the UK to make the United Nations Convention on the Rights of the Child (Office of the United Nations High Commissioner for Human Rights, 1989) part of its domestic law. This ensures that children’s rights are included in all policy making in Wales."

Anyway I don't know if that is of any help or relevance. I am no LangCleg or R0wantrees.

ChickenonaMug Your posts are often a great inspiration for me.

Thank you ChickenonaMug. That Welsh Government document looks like the one I need, but it didn't come up on my search. I'll have a look at it now.