Legal rights of gender dysphoric yr 8 boy to be placed in a girls dorm

[PrawnQuaver]

Please could anyone help me understand the legal rights involved in the situation of a private school placing a gender dysphoric year 8 boy, who is currently identifying as female, into a girls dorm on school residential trip without consulting the parents of the three other girls in that dorm or asking the girls themselves?
The 10 protected characteristics of the 2010 Gender Equality Act have been quoted as cast iron justification but I don't know enough about it to provide a strong counter argument.

I've name changed for this post but am a long time mumsnetter

In short: none whatsoever.

The EHRC statutory guidance on schools, which schools have to abide by suggests alternative arrangements for a child who identifies as trans and does not wish to use the facilities provided for their own sex. The EHRC does not suggest putting such a child into opposite-sex facilities.

So, you could contact the EHRC and ask them for help in ensuring that your daughter's school upholds the rights of all children.

Furthermore, the school has to have parental consent for school trips, you must be able to give informed consent to your child taking part in the trip. But for informed consent, the information provided must be full and explicit. By withholding vital safeguarding information from you, the school actively prevented you from giving informed consent. You did not and would not have consented to your daughter sharing a dorm with a male pupil.

Moreover, the UK is a signatory to the UN Convention on the Rights of the Child. The school breached the rights of your daughter under several of its articles. Foremost of those are her right to privacy (Article 16) and her right to have a parent or legal guardian safeguard her rights and help her exercise them (Articles 5 and 18). The right to have the best interests of all children, including your daughter taken into account when making decisions affecting her (Article 3). The right to have her views taken into account (Article 12) - she wasn't even asked, was she?

And not to forget, especially at a time when sexual harassment and violence in schools are endemic, Article 39, which puts an obligation on the state, and state actors, to protect child survivors of abuse and to help them to recover. You don't do that by putting female children (who are predominantly the victims of abuse) into mixed-sex dorms and you don't do it if the only way such a child can avoid a mixed-sex dorm is by disclosing the abuse, because that is retraumatising the child rather than protecting her from harm.

I mean this completely undermines safeguarding measures as well as teaching girls how to keep safe. If we don't allow girls to assert boundaries around their own bodies against all male children, then we're not safeguarding them properly. Every time we create a sacred caste that is exempt from normal safeguarding rules, we end up with children and women suffering abuse.

And the way this is done is insidious. So be kind now requires girls to ignore their own discomfort and safety. Great.

It would have taken an incredibly confident and assertive 12-year-old to object to the school making her share a dorm with a male pupil. Thankfully, that's not normally necessary though, because she has people in her life who have parental responsibility for her. But the school violated her rights and the right of her parents to exercise their responsibility to champion her interests and uphold her rights.

I'd be absolutely livid and would not hesitate to file an official complaint with the school, asking for their risk assessment for the trip, for their relevant policies, and an official explanation for denying your child her legal rights to privacy, dignity and safety.

Would they let a girl who identifies as a boy share a room with boys?

Cos that's the next step and I don't think anyone would want that to happen.

They will be setting a worrying precedent that will end up with mixed sex dorms, or no more trips.

And what does this mean for male Non Binary teachers - are they ok supervising the girls spaces?

@CharlieParley

In short: none whatsoever.

The EHRC statutory guidance on schools, which schools have to abide by suggests alternative arrangements for a child who identifies as trans and does not wish to use the facilities provided for their own sex. The EHRC does not suggest putting such a child into opposite-sex facilities.

So, you could contact the EHRC and ask them for help in ensuring that your daughter's school upholds the rights of all children.

Furthermore, the school has to have parental consent for school trips, you must be able to give informed consent to your child taking part in the trip. But for informed consent, the information provided must be full and explicit. By withholding vital safeguarding information from you, the school actively prevented you from giving informed consent. You did not and would not have consented to your daughter sharing a dorm with a male pupil.

Moreover, the UK is a signatory to the UN Convention on the Rights of the Child. The school breached the rights of your daughter under several of its articles. Foremost of those are her right to privacy (Article 16) and her right to have a parent or legal guardian safeguard her rights and help her exercise them (Articles 5 and 18). The right to have the best interests of all children, including your daughter taken into account when making decisions affecting her (Article 3). The right to have her views taken into account (Article 12) - she wasn't even asked, was she?

And not to forget, especially at a time when sexual harassment and violence in schools are endemic, Article 39, which puts an obligation on the state, and state actors, to protect child survivors of abuse and to help them to recover. You don't do that by putting female children (who are predominantly the victims of abuse) into mixed-sex dorms and you don't do it if the only way such a child can avoid a mixed-sex dorm is by disclosing the abuse, because that is retraumatising the child rather than protecting her from harm.

I mean this completely undermines safeguarding measures as well as teaching girls how to keep safe. If we don't allow girls to assert boundaries around their own bodies against all male children, then we're not safeguarding them properly. Every time we create a sacred caste that is exempt from normal safeguarding rules, we end up with children and women suffering abuse.

And the way this is done is insidious. So be kind now requires girls to ignore their own discomfort and safety. Great.

It would have taken an incredibly confident and assertive 12-year-old to object to the school making her share a dorm with a male pupil. Thankfully, that's not normally necessary though, because she has people in her life who have parental responsibility for her. But the school violated her rights and the right of her parents to exercise their responsibility to champion her interests and uphold her rights.

I'd be absolutely livid and would not hesitate to file an official complaint with the school, asking for their risk assessment for the trip, for their relevant policies, and an official explanation for denying your child her legal rights to privacy, dignity and safety.

☝️☝️☝️☝️. All of this.

I would be going absolutely ballistic about this and reading the riot act. I would also be bringing my daughter home and making it plainly clear to as many parents as I could what was going on.

This is a disgrace. Male teenagers have no place in a female dorm.

The school did not inform parents of mixed sleeping arrangements.
If the worst happened, a pregnancy or an assault, who is liable, the school or the LEA?

Complain to the governors. Complain to the local authority safeguarding lead. If there is a legal right to single sex toilets once children are 8 years old there is a reason for that and with bells on for a dormitory.

It’s just wrong and so utterly lacking in any respect or sensitivity towards girls at what is probably their most vulnerable time.

Be kind my effing arse. Had enough of this.

Good luck OP. The school has chosen not to use the exceptions which the equality act allows, and have not considered the girls rights. I hope you have got enough pointers to start making your case. Sex Matters are run by a discrimination lawyer and barrister so they would be good organisation to contact as well as SSA.

I am horrified that the teachers, who will be making sensible decisions which centre safeguarding and risk assessments in every other area of school life, have dropped it all on this one issue.

@NapoleonOzmolysis

This is where we get to, isn't it, when the government are happily locking up men in women's prisons - if you're happy with a convicted rapist sharing a cell 23 hours a day with a victim of DV, what's a 12 year old boy sleeping in the same room as some girls for a night or two? I mean, they share a unisex toilet at school anyway

Children above the age of eight are legally entitled to single sex toilets at school. IF your school does not provide single sex toilets, complain to the head teacher and take a print-out of that legislation with you.

HOLY FUCK.

I would go mental.

I would start with requesting a copy of the risk assessment they carried out and documented, about mixed sex dorms.

Also in school for PE etc what facilities being used. If female, goes against single sex from age 8 legal obligation.

And then all the other things on here.

I wouldn't bother with other parents personally. Unless they mention it to you. No way to guess their reaction may not be what expected.

And finally.

Was it just the 2 of them sharing?
Did she say anything to teachers etc? Totally understand if she didn't. I wouldn't have.
Let her know you are outraged. Really angry this happened. Should not have happened. Not down to her to say anything. 100% wrong and all schools fault.

Fucks sake.

As others say.

Governors etc any and all mechanisms.

Keep hold of your anger and don't be sidetracked by smoothing words.

This webpage where to complain about a school in the UK whatever the type of school:

www.gov.uk/complain-about-school

You're racist and misogynist as well as unable to read properly @IgnesFauti

Oh dear. No @IgnesFauti. To all you posted. Factually incorrect and lacking in comprehensive skills.

Start with the age of the boy in question.

And we don't fall over and cry when someone arrives and tells us we aren't being nice. We Usk them to explain their beliefs... Like in what way was the transgirl female in the same way as the girls in the group. And how were they different from all the other males?

I can answer those questions without resorting to pretzel logic. Can you?

(remember, we're talking about an 8 year old here)

Are we? You might want to read the OP again.

PrawnQuaver

You mention 10 protected characteristics in your OP; is the school listing 10? There are only 9 in the EA. It may be that their justification is based on a made up PC.

If they want to exclude her (and she is not a boy) they will need to demonstrate that it is a proportionate means of achieving a legitimate aim.They are under no legal obligation to do that.

No sweetie. That's all arse about face too.

There are many threads on this, including the most recent one about the pushback against mixed sex toilets in Scotland. We know what the EA2010 actually says, how it should be interpreted, what school specific guidance and additional legal requirements are.

You can spout what you like. But being ahead of the law isn't acceptable. As Stonewall is now finding out.

@HoardingSamphireSaurus

Oh dear. No *@IgnesFauti*. To all you posted. Factually incorrect and lacking in comprehensive skills.

Start with the age of the boy in question.

And we don't fall over and cry when someone arrives and tells us we aren't being nice. We Usk them to explain their beliefs... Like in what way was the transgirl female in the same way as the girls in the group. And how were they different from all the other males?

I can answer those questions without resorting to pretzel logic. Can you?

I'll explain. Kids are more than capable of expressing their feelings and if there was any ACTUAL concern from anyone involved, that'd have been expressed by the girls, not some overactive, nasty parents

@Clymene

You're racist and misogynist as well as unable to read properly *@IgnesFauti*

please explain how drawing comparisons between hating trans girls and hating black girls 70 years ago is "racist"

😆

Is that us told then? OK.

I did expect a sidestep, but that was great. More if a side leap. Impressive 👍

I'll explain. Kids are more than capable of expressing their feelings and if there was any ACTUAL concern from anyone involved, that'd have been expressed by the girls, not some overactive, nasty parents

Tell me you've never been a girl without telling me you've never been a girl.

Because black girls are girls. Boys who identify as transgender are boys. With penises.

And they don't belong in girls' dorms.

@allmywhat

I'll explain. Kids are more than capable of expressing their feelings and if there was any ACTUAL concern from anyone involved, that'd have been expressed by the girls, not some overactive, nasty parents

Tell me you've never been a girl without telling me you've never been a girl.

I came out as a kid and I know what you're talking about but you're being such a patronising misogynist implying that girls don't know what they want/what's good for them.