Ofsted says gender identity is a protected characteristic

[Fitforforty]

Is gender identity a protected characteristic? I was randomly reading the Ofsted report below.

files.ofsted.gov.uk/v1/file/50159857

No. Gender reassignment is the protected characteristic in the EA2010.

In hate crime legislation, they changed it to “transgender identity” I believe.

But gender identity isn’t.

You're right, it's not a protected characteristic. Ofsted is wrong

Thank you. I feel like trying to figure out facts on this issue is way more difficult than it should be.

How could it be challenged?

Interesting reading. The school is local to me. On the gov.uk webpage of info about the school it states "gender of entry - boys" rather than sex.

I suspect it is an orthodox Jewish school, so would teach according to their religious framework rather than to Ofsteds wishes.

It is. I was only looking it up after I read a news article about the building they were using.

It seems that this is one of the criteria from the Independent School Standards that the school was being judged on

Para 5(b)(vi) encourage respect for other people, paying particular regard to the protected characteristics set out in the 2010 Act.

Did the school fail to meet the standard because they didn't pay particular regard to Ofsted's incorrect version of the protected characteristics?

I’ve been privy to Ofsted training materials and they’ve always used sex instead of gender when discussing the Equality Act. It might just be an individual inspector’s mistake rather than an organisational approach.

Will the school challenge it? I'm really tired of dealing with this. Its just insidious.

You are arguing over semantics. In reality, there is no difference, and it's just nit picking!

You are arguing over semantics. In reality, there is no difference, and it's just nit picking!

So why change it from the term used in the Equality Act? Why was it not left as gender reassignment?

There is a distinct difference between the meanings of sex and gender. The first is determined at conception and is biological and unchanging throughout life. The second is none of the above. The only reason 'gender' is used when someone really means 'sex' is because of prudery and the idea that 'sex' is a naughty word.

You are arguing over semantics. In reality, there is no difference, and it's just nit picking!

Sex is not the same as gender.

Gender identity is not a protected characteristic.

Gender reassignment is.

Maybe you should educate yourself...

@MishyJDI

You are arguing over semantics. In reality, there is no difference, and it's just nit picking!

Then provide a definition, please.

This is a Jewish independent school within a huge Orthodox Jew area. (Something I read somewhere once said it was the the largest Community of Haredi Jews outside Israel but I can't find the reference.)

www.theguardian.com/world/2019/dec/22/gateshead-torah-on-tyne-britains-orthodox-jewish-community

Local ish to me too.

Do the independent schools use a different framework? It's an odd focus of the report.

Older pupils had no understanding of stereotypes or the legal status of a marriage, as
required by the relationships and sex education (RSE) and health education curriculum.

This is ringing bells possibly with a Jewish school / schools in the area and previous criticism.

This is the inspector:

Jo Sharpe, HMI, maintained schools and academies
Jo Sharpe is a qualified teacher and has a Master’s in Education. She was previously a senior managing inspector at centre for British teachers where she gained extensive experience delivering and quality assuring the inspections of schools and children centres in the North of England. She has held the position of headteacher at 2 primary schools for pupils from birth to 11 years. Jo has extensive experience of inspecting independent schools, special schools and primary schools

It sounds like the report writer doesn't fully understand gender identity v Transgender status.

www.chroniclelive.co.uk/news/north-east-news/gateshead-jewish-primary-school-ofsted-16023759

I think there's been a few areas of concern about the schools there for while. I remember the story within this article about how the boys and girls in a mixed school were being treated very differently.

It looks like the schools are moving towards single sex which has been sparking Ofsted inspections as it's a major change to the school.

It's very difficult as ultra Orthodox Jewish communities such as this have very clear roles for the sexes.

The inspector has confused and conflated gender identity with awareness of LGB however.

The gender identity comment is obviously wrong and very concerning. Hardly appropriate to criticise a school for nor teaching kids according to their legal requirements AND THEN GET THE LEGAL REQUIREMENTS WRONG in the Ofsted report.

Some of the report shows a complete lack of understanding about these schools and culture and I'd question whether someone so lacking in knowledge of the culture of these children should be inspecting this school. For example, the reference to not teaching the kids about internet safety. Literally 0% of these kids will have access to the internet. They will not have smartphones and will not have the internet at home.

The report comes across as at best ignorant and at worst makes incorrect and racist assumptions.

It's not going to work well for Ofsted at all if they don't take into context the nature of the school and also completely misrepresent the EA.

It's going to create a loss of trust in the community, more reason to have unofficial teaching outside school that can't be inspected and so safeguarding won't be visible.

Weird there's no year 10 in the school.

@MishyJDI

You are arguing over semantics. In reality, there is no difference, and it's just nit picking!

Language matters. The difference between sex and gender is very important.

I thought gender identity was covered under the protected characteristic of religion and belief. As other posters have pointed out, it's not the same as sex or gender reassignment.

Yes , gender identity could well be covered under that characteristic, as anyone is entitled to believe whatever they want and not face discrimination because of this belief. However, it also means that you are equally entitled to not believe in the existence of gender identity. Holding such a belief ,does not mean that you can expect people to see you in the same way that you perceive yourself.

@GrownUpBeans

I thought gender identity was covered under the protected characteristic of religion and belief. As other posters have pointed out, it's not the same as sex or gender reassignment.

It is, but not in the same law.

The EA2010 is one law..

The 'hate crime' bill is another.

Different laws with different required outcomes, different terminology.

TRAs may wish to conflate the two, but the law does not. Nor should any organisation, or individual, that wishes to avoid discrimination as set out in the EA201

That's called 'getting ahead of the law' if you are Stonewall; or putting yourself at risk of legal proceedings if you are anyone else.

Or semantics if you're whatsername Kelley, from Stonewall. They were so sure the law was going to be changed that their guidance put the expected changes in. Lots of institutions, including schools, were caught out with inaccurate wording in their policies.

If it really were just semantics, Stonewall would not have been screaming blue murder when Liz Truss failed to deliver what they wanted.

Gender reassignment and gender isentitiy are not the same. Sex and gender are not the same. Along with GI being listed as a protected characteristic, these flawed policies often replace sex with gender, meaning there is apparently no protection at all for girls, boys, women and men; only for those whose gender identitiy doesn't match their biological sex, hence some schools abandoning single sex toilets which is actually illegal!

What a mess.