Brighton and Hove Schools Trans Toolkit

[Version4needsabitofwork]

I live in Brighton and Hove and we've been asked for feedback on a 59 page Trans Toolkit that the council are planning to send out to schools.

I sat down to fill in the form but became quickly overwhelmed. Can someone help me whittle down what I need to say, so I can object in a way that follows the form?

Basically my objections are as follows:

I/ Sex is observed, not "assigned"
2/ Sex is binary and can't be changed
3/ Gender stereotypes are outdated old nonsense and children are quite right to reject them in any way they see fit
4/ Schools need to practice good safeguarding as they do so (and this is the bit I want to get right - post the Kiera Bell case, what is the guidance here? The toolkit talks about children who are transitioning, but I think they shouldn't be medically transitioning until they are 18. I'm not up to date with legislation at all on this and is it likely to change?)
5/ I want schools to do proper impact assessments for things like toilets. I believe that children need the choice of sex-segregated and gender-neutral toilets. Is that confused thinking though? I want to be clear.

Link here: files.smartsurvey.io

Apologies if this isn't in the right section by the way. I normally lurk and don't post. If it should go somewhere else please let me know and I'll try to get it moved.

Oh for goodness sake. I hope they also have a 59-page autism-friendly toolkit? Plus a similar one ti combat sexism, one on spotting child sex abuse, one for young carers and other disadvantaged children, etc?

I’d ask how much this cost. There does appear to be a disproportionate amount of money (that schools can’t afford) spent on gender and getting their stonewall ‘medal’ (or whatever they get).

Toffee and Welcome - exactly!

I feel so overwhelmed by it all. My kids are in these schools though and I want them not to be taught this confusing nonsense. My yr 6 kid has had just 12 weeks of schooling this year and struggles to remember where to put a capital letter in a sentance, doesn't really understand the basics of sexual reproduction, but has had several lessons on trans issues already. FFS! And to make it worse, the teacher was deeply confused and clearly either didn't understand the book they were teaching, or did and taught it so badly the kids didn't understand whether it was about a boy that wanted to be a girl, or a girl that thought she was a boy... utter utter madness.

To make things worse, there are two gender non-conforming kids in the class. Fuck knows what they made of it .

I'd want to ask what they think they have to gain by bothering children's heads about this stuff when they should be playing, learning to read and write and just being children.

I am all in favour of children learning to accept differences, not stereotype or judge and that boys and girls are not restricted by their sex.

The rest? No need. Whatsoever.

The pernicious lie that humans can change sex is going to confuse them and cause them issues in later life when/if they realise that isn't true. And they may only come to that realisation after blocking their natural puberty and altered their bodies forever.

Are there other parents you feel able to talk to about this, who might support you? It's hard being a lone voice.

59 pages? FIFTY-NINE?

Given that level of thoroughness I bet you can barely carry the documents on more mainstream topics.

Anyway, can someone link to that recent government guidance for such resources? That had some concrete things that such teaching should not say.

well done.

safeguarding is key. what is there to prevent a teen boy pretending to be trans to get access to the girls changing rooms?

what about protections for children of faith (also a protected characteristic) such that they can access single sex spaces and are not disadvantaged.

I would try not to phrase it in a way that they could dismiss you in one glance as "bigot" eg gender stereotypes can lead to fewer girls taking stem subjects, etc. put in the harm it can do rather than an opinion. (even if it is outdated nonsense)

oh and does it fit with the new guidelines from the education department?

I can't get the link above to work. Is it the same as this one: www.theproudtrust.org/resources/research-and-guidance-by-other-organisations/trans-inclusion-schools-toolkit/

What they say about the Equality Act and access to changing facilities and bathrooms is completely wrong and unlawful IMO.

There's a bit of info on here in relation to toilets/changing rooms: www.transgendertrend.com/uk-transgender-rights-legislation/

If I am looking at the right toolkit above, they don't understand how the Equality Act 2010 works. If a biologically male child identifies as a girl they will have the protected characteristic of gender reassignment, but until/unless they obtain a Gender Recognition Certificate (which can only be obtained at 18+ and requires evidence of having lived as the opposite gender for 2 years) they will be legally male. They do not have a right to access the girls' bathrooms and changing facilities under the Act as the toolkit suggests. The relevant case is R (Green) v Secretary of State for Justice.

The EHRC statutory guidance (which schools are obliged to follow) suggests that finding private changing facility would be a suitable solution for schools if a pupil has the protected characteristic of gender reassignment. The school is completely wrong to suggest that children who are both biologically and importantly legally male have a right to access girls' toilets and changing facilities.

Hi OP, you are absolutely on the right board and welcome .

You make a good point re. fair allocation of resources in other areas that affect children with the other protected characteristics - disability, religious beliefs, race, sex. The school needs to be very clear on how their policies and teaching affect all groups, not just the one.

You are right - that does sound like it needs a thorough review/delete. From what you've said so far it doesn't sound at all suitable for school and the way the lessons are being delivered and prioritised over the basics so far is a concern.

The school legally has to provide single sex toilets and facilities for pupils (HSE regulations and Equality Act 2010) - I'm not aware that they are under a legal obligation to provide facilities for pupils who do not wish to use the facilities of their sex but I'm sure most schools can be sensitive in this and some have made specific facilities available - the key thing is safeguarding so pupils shouldn't be allowed to use facilities of the opposite sex even if they want to (it seems to be mostly girls at this age group and given that an av. of 200 rapes take place per yr in schools + plus unknown numbers of sexual assaults, safeguarding must be paramount even if the pupil doesn't agree)

Here is the current government guidance on RSE in schools:

www.gov.uk/guidance/plan-your-relationships-sex-and-health-curriculum#using-external-agencies

This is a key section (below) and all school teaching should be guided by this. If the document you are reviewing is called Transgender Toolkit, in a school setting that already implies a presumption towards 'trans' kids and is likely to be in breach of the guidelines.

Are you able to contact the governors or your local MP and raise this as it seems that it is a bigger issue than just this document. I know that your area is superwoke and unfortunately the MPs may not be at all receptive - apparently there is one school in Brighton with 75 trans identifying students (I'm sure you know more about this).

I would write to Gavin Williamson and maybe alert the wonderful Baroness Nicholson. You may be able to point out to the school that if they don't fulfil their basic legal obligations on safeguarding and sex segregated facilities they could be affected at Ofsted inspections.

We are aware that topics involving gender and biological sex can be complex and sensitive matters to navigate. You should not reinforce harmful stereotypes, for instance by suggesting that children might be a different gender based on their personality and interests or the clothes they prefer to wear. Resources used in teaching about this topic must always be age-appropriate and evidence based. Materials which suggest that non-conformity to gender stereotypes should be seen as synonymous with having a different gender identity should not be used and you should not work with external agencies or organisations that produce such material. While teachers should not suggest to a child that their non-compliance with gender stereotypes means that either their personality or their body is wrong and in need of changing, teachers should always seek to treat individual students with sympathy and support.

You should work together with parents on any decisions regarding your school’s treatment of their child, in line with the school’s safeguarding policy and the statutory guidance on working together to safeguard children.

this is a good resource to expand on the approach for schools:

www.transgendertrend.com/department-for-education-rse-guidance-schools/

Here you are OP. The fantastic Safe Schools Alliance UK have a list of template letters including one for parents to use in challenging some of these awful toolkits. They just need personalising:

safeschoolsallianceuk.net/resources-2/letter-templates/

I've bookmarked that page as there's a great one for parents wanting to challenge the toxic Stonewall champions programme in schools, mixed sex toilets etc.

I think this is the draft of version 4 that the OP is being consulted on

files.smartsurvey.io/2/0/SZ8BW8GD/Trans_Toolkit_Version_March_2021__for_consultation.pdf

Well done garden that was what I was about to go dig out.

OP, sorry this is long...

There are examples you could cite where children have been very confused by this approach to teaching, there isn't much in the public domain but here is something from Canada.

www.rcinet.ca/en/2019/11/05/parents-sue-school-board-for-teaching-their-daughter-girls-are-not-real/

The headings/bulletpoints you list are a great place to start. Write a letter if the form doesn't allow enough space, perhaps ask for a meeting to discuss it further if you feel that it better (take notes if you do, or ask someone independent to take notes).

On the Keira Bell case you share the court summary here
www.judiciary.uk/wp-content/uploads/2020/12/Bell-v-Tavistock-Clinic-and-ors-Summary.pdf

or the full document here
www.judiciary.uk/wp-content/uploads/2020/12/Bell-v-Tavistock-Judgment.pdf

..and summarise that basically puberty blockers are experimental (even the doc who designed the protocols that also used therapy is now distancing himself from the original research as the affirmative approach is being misapplied www.voorzij.nl/more-research-is-urgently-needed-into-transgender-care-for-young-people-where-does-the-large-increase-of-children-come-from/ ), children under 16 cannot give informed consent:

"In respect of young persons aged 16 and over, the legal position is that there is a statutory
presumption that they have the ability to consent to medical treatment. Given the long-term consequences
of the clinical interventions at issue in this case, and given that the treatment is as yet innovative and
experimental, the court recognised that clinicians may well regard these as cases where the authorisation of
the court should be sought before starting treatment with puberty blocking drugs."

and that the GIDS study which showed that 43 out of 44 children go onto cross sex hormones so it is a pathway to a lifetime of medical treatment and so PBs are not a pause button.

The gender stereotypes are a good thing to stress, if children are simply taught that they can wear what they want and be themselves that is 'inclusive' and reasonable. If you need to highlight a positive I would stress that.

The toilets issue is important and these might help, particularly to centre this on the needs of girls.

www.dailymail.co.uk/news/article-7542005/Girls-skipping-school-avoid-sharing-gender-neutral-toilets-boys.html

www.teachwire.net/news/what-schools-need-to-know-about-toilet-regulations

www.transgendertrend.com/gender-neutral-toilets-schools/

www.thetimes.co.uk/article/genderneutral-toilets-my-daughter-was-called-selfish-for-wanting-girlsonly-loos-at-school-cwth60b2c

www.thetimes.co.uk/article/gender-blind-rules-urged-in-row-over-school-toilets-0blqgflrs
(shout if you need a share tokens)

And in terms of an impact equality assessment I would also mention the 4000% increase in girls wanting to be boys as if they are to press ahead with this teaching there needs to be some consideration of how they will protect girls especially from falling into this gender ideology which leads to mental health issues around puberty.

If you aren't satisfied with the outcome don't be afraid to take it further with governors, LEA/Ofsted, but as they have asked for feedback the school are open to engaging as they should be so take it at their word and go to town!

Thanks for the link Thingybob

6.2 Toilets
Reg 4(2) of the School Premises (England) Regulations 2012 provides that
‘Separate toilet facilities for boys and girls aged 8 years or over must be provided except where the toilet facility is provided in a room that can be secured from the inside and that is intended for use by one pupil at a time'

The use of toilet facilities by trans children and young people should be assessed on a case-by-case basis in discussion with the individual child or young person. Brighton & Hove recommends that in making that assessment schools should consider the fact that for some trans children accessing the toilet which corresponds to their gender identity can be extremely important. There are health risks such as urinary infections for children unable to access toilets during the school day. We would therefore encourage schools to enable this wherever possible if this is asked for.
This is not legal. This is promoting a breech of the Regularions mentioned above. A change is legal sex is not possible until a Gender Recognition Certificate is obtained. These cannot be obtained by people under 18. It would also arguably constitute indirect discrimination on the basis of sex and possibly religion for other pupils who are being denied their rights to single sex spaces. The guidance should clearly state that the School Premises (England) Regulations 2012 should be complied with and pupils who do not wish to use the facilities associated with their legal sex should be given the ability to use a private bathroom wherever possible.

Anecdotal feedback from trans children and young people is that many will opt for a gender-neutral toilet for fear of bullying or harassment rather than a large multi occupancy single sex facility. Single sex toilets can also cause issues for children and young people who do not identify with the gender binary of boy or girl.
Ideally, where funding and space allows; educational settings should provide pupils and students with a mixture of access to toilets that includes:
● single sex toilets
● blocks of floor to ceiling cubicle toilets that can be used by all, with sanitary bins in
each cubicle (‘toilets for everyone’)
● accessible single toilets.

6.3 Changing rooms
Regulation 4 (4) of the School Premises (England) Regulations 2012 provides that
‘Suitable changing accommodation and showers must be provided for pupils aged 11 years or over at the start of the school year who receive physical education’

The use of changing rooms by trans children and young people should be assessed on a case-by-case basis in discussion with the individual child or young person. The goal should be to maximise social integration and promote an equal opportunity to participate in physical education classes and sports, ensuring safety and comfort.

Brighton and Hove recommend that in making that assessment, schools should take into account the fact that for trans children accessing the changing room which corresponds to their gender identity can be extremely important. We would therefore encourage schools to enable this wherever possible.
This is not appropriate. EHRC guidance just suggests separate provision for children with gender reassignment characteristic. Again, this could constitute discrimination on the basis of sex/religion in respect of the other pupils who are being required to share these facilities with someone who remains legally the opposite sex. Also, I note no mention of safeguarding.

Any pupil or student who has a need or desire for increased privacy, regardless of the underlying reason, should be provided with a reasonable alternative changing area such as the use of a private area or with a separate time to change. Any alternative arrangement should be provided in a way that protects the child or young person’s ability to keep their trans status confidential.

Hi OP, I am in Brighton and have received this too! It's a bit unwieldy to wade through and I am not particularly clued up on all the issues but am a regular lurker on these boards and keen to see what others have found that they find challenging in the documents, thank you for your thread! Will likely take some of the advice on here and use within my own survey once I've digested it. Wading through the huge amounts of text is rather full on!!

Hi @Version4needsabitofwork and @bookclockceiling. How were you asked to give feedback? I live in Hove and would like to offer some comments.

From the document:

Trans
A term for people whose gender identity is different from the sex assigned at birth
including those who identify as:
● transgender
● gender queer
● gender fluid
● non-binary
● both male and female (this may be at the same time or over time)
● neither male nor female
● a third gender
● or who have a gender identity which we do not yet have words to describe

Hahahahhahahahhaahhahaahhah

More than words... Is all I ever needed you to show
... Then you wouldn't have to say
... That you love me
Cause I'd .. alread... eee knooooooooooowwww

Is this the same trans toolkit that they issued previously - the one drawn up with Allsorts? After Oxfordshire withdrew their trans toolkit following a legal challenge, lots of local authorities followed suit. My recollection is that Brighton was one that didn't. So it would be good to know if this is the same as the original one or whether they've changed it.

As people say, whatever they do needs to be in line with the new DfE guidance.

Oooh. Just found a link. As you were.

Have just gone to the linked version above. Missed it earlier! It does seem to be different in some respects at least.

who have a gender identity which we do not yet have words to describe

Hire more poets!

"a gender identity which we do not yet have words to describe"

a whole neeeewww woooord

I cant believe they havent gone to the effort of inventing some brand new words for this hypothetical gender - slackers!