Examples of school policies stating trans people allowed to use opposite sex spaces

[SuperDuperStraight]

Hi all
I recently saw a post this week where someone posted a school policy where it stated a male pupil identifying as a girl should be allowed to change with girls, and if any girls feel uncomfortable, then it is the girl who must be removed. But I can’t locate the thread this policy was on.

I am looking for examples of such policies in school, colleges and universities so I can raise this issue with my community and social media groups I’m on. Thanks in advance.

I would very much doubt this to be true, ours is if its a female student that identifies as a boy and they feel uncomfortable and don't want to change infront of the girls then they can get changed in a private changing room or toilet and same with toilets if they don't want to use the girls toilet they can then use the gender neutral toilet and vice versa if its a male student who identifies as a girl.

There are lots of threads with the sort of item you're discussing - if you're looking for some information I wonder if you might look at Safe Schools Alliance?

safeschoolsallianceuk.net/

Somebody else might be along who can identify the thread that you mean (how recent was it?).

^Pupils and students are supported through the Equality Act to access the toilet that
corresponds to their gender identity; so trans girls because they are girls, can use the girls’
toilets and trans boys the boys’ toilets. Single gender toilets can however, cause issues for
pupils and students who do not identify with a gender binary such as boy / girl.

Any pupil or student who has a need or desire for increased privacy, regardless of the
underlying reason (disability, trans, non-binary, faith) should be provided access to a
single stall toilet, but no pupil or student should be required to use such a toilet.^

Allsorts Trans inclusion schools toolkit

Was it in Brighton? I seem to remember a thread where the policy was being changed to that (or something along those lines).

^A trans young person may wish to use the toilets and changing
rooms of their self-identified gender rather than of their assigned sex. Schools should make
sure that a trans student is supported to do so and be aware that this is a legal requirement
under the Equality Act. Schools should also support trans young people to use gender neutral
facilities or a private space if that is what they prefer. The most important thing is to talk to
the young person rather than make assumptions about the facilities they would like to use.^

Stonewall "An introduction to supporting LGBT young people"

There is no law in Scotland, or in the UK, which states that only people assigned male at birth can use men's toilets and changing rooms, or that only people assigned female can use women's toilets and changing rooms. Discrimination case law has established that transgender people who have started living in accordance with their gender identity must not be banned from using the facilities matching their gender identity.

"Supporting transgender young people. A guide for schools in Scotland" Can be downloaded from education.gov.scot/improvement/learning-resources/supporting-transgender-young-people-guidance-for-schools-in-scotland/

There is no case law that says this of course. An examplw of what they want to be the case not what is the case.

As far as 'no law saying only men can use men's toilets': the justification for single sex facilities exist under the equality act.

Of course there isn't. The problem is that schools are copying this stuff into their own policies.

@ItsAllGoingToBeFine

Of course there isn't. The problem is that schools are copying this stuff into their own policies.

Anticipating a world in which the law matches the world as they wish it to be - irrespective of what happens to the ability to implement effective safeguarding in the interim.

This is from our primary school policy

The school must take reasonable, practical steps to create access to toilets that corresponds to the student’s gender identity. Any pupils or student who has a need or desire for increased privacy, regardless of the underlying reason, should be provided access to a single stall toilet, but no pupil or student shall be required to use such a toilet. In most cases, trans* pupils or students should have access to the changing room that corresponds to their gender identity. This approach is underpinned by the Equality Act 2010 whereby refusing a child or young person access to the changing room of their true gender identity would constitute an act of discrimination. 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.

It goes on to say.......

My daughter doesn’t want a boy changing next to her, what if he looks at her body? For example, in this scenario it would not be appropriate to remove the trans person from the changing rooms if a concern is raised by a parent or carer. In this situation, it would be far more appropriate to look at offering an alternative changing arrangement for the child who feels uncomfortable around the trans person. A Human Rights response would be to state that although the individual in question may have the body of a boy, they are in every other respect a girl and as such have the right under the Equality Act to change with the girls and to be treated fairly as such. It is the responsibility of members of staff to support both trans* students and cisgender students to feel comfortable around one another.

Oxfordshire did have such a policy, but had to withdraw it after a legal challenge from a 13 year old girl.

although the individual in question may have the body of a boy, they are in every other respect a girl

I wonder does it itemise any of those other respects?

@Whatdidisay

It goes on to say.......

My daughter doesn’t want a boy changing next to her, what if he looks at her body? For example, in this scenario it would not be appropriate to remove the trans person from the changing rooms if a concern is raised by a parent or carer. In this situation, it would be far more appropriate to look at offering an alternative changing arrangement for the child who feels uncomfortable around the trans person. A Human Rights response would be to state that although the individual in question may have the body of a boy, they are in every other respect a girl and as such have the right under the Equality Act to change with the girls and to be treated fairly as such. It is the responsibility of members of staff to support both trans* students and cisgender students to feel comfortable around one another.

Thanks. This is the exact same wording I read

According to this, Lily Madigan received an apology from St Simon Stock School, with regard to uniform policy and being able to use girls toilets and changing facilities.

www.kentonline.co.uk/maidstone/news/schools-apology-to-transgender-pupil-104081/

According to these last two comments, schools are stating that allowing trans students access to the changing facilities of their chosen gender is protected by the Equality Act.

Elsewhere I've read that female access to single sex spaces is a legal right.

Also that sex not gender is a protected characteristic under the Equality Act.

I may be misinterpreting these statements but they seem contradictory to me.

Does anyone know which are in fact correct?

I’m sure you know this - if you google school transgender policy and the name of a city, town or village you will find lots of schools publish their policies.

I’ve just found one that says this:

In most cases, trans pupils or students should have access to the changing room that corresponds to their gender identity. This approach is underpinned by the Equality Act 2010 whereby refusing a child or young person access to the changing room of their true gender identity would constitute an act of discrimination. 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.

PM me if you’d like a link.

neverenoughchelseaboots

This article sums it up quite well.

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

@neverenoughchelseaboots

According to these last two comments, schools are stating that allowing trans students access to the changing facilities of their chosen gender is protected by the Equality Act.

Elsewhere I've read that female access to single sex spaces is a legal right.

Also that sex not gender is a protected characteristic under the Equality Act.

I may be misinterpreting these statements but they seem contradictory to me.

Does anyone know which are in fact correct?

My understanding is that one is the real Law ans the other is the Law as Stonewall would like it to be.

@neverenoughchelseaboots

According to these last two comments, schools are stating that allowing trans students access to the changing facilities of their chosen gender is protected by the Equality Act.

Elsewhere I've read that female access to single sex spaces is a legal right.

Also that sex not gender is a protected characteristic under the Equality Act.

I may be misinterpreting these statements but they seem contradictory to me.

Does anyone know which are in fact correct?

There has to be a legitimate purpose for excluding the trans individual. For example. an open changing room where everyone is naked in front of each other. Which is rare in this day and age at schools.

Exclusion is possible where a legitimate purpose. Not just because someone doesn't like it due to their GC beliefs.

@MishyJDI There has to be a legitimate purpose for excluding the trans individual. For example. an open changing room where everyone is naked in front of each other. Which is rare in this day and age at schools.

So it's only an issue if they're naked? Not just changing clothes? Really?

Straight in there with the ‘lesbians might do it too’, I see, Mishi

As sex is a protected category under the equality act and GI is not, surely it is against the law to banish a girl from the girls changing areas/toilet instead of the male boded child?
Why is it suggested that the complaining child/parent needs re educating and gaslit in to believing that just because they are male bodied they are a girl in all other respects?