New School Policy

[Thumpsquids]

I'm a member of the board of governors for the primary school I work at, and am the parent of a student that also attends.

I've just been sent an updated list of school policies, which are due to be discussed at the next meeting.

Under the protected characteristics section, and the gender reassignment section, is offers the following:

'The Equality Act 2010 makes it unlawful for an individual or group of individuals to be discriminated against (either directly or indirectly) because of their gender reassignment. Gender reassignment is defined as applying to anyone who is currently undergoing, has undergone or is proposing to undergo a process or part of a process of reassigning their sex to the opposite sex by changing their physical or other attributes. There is no requirement to undergo, or plan to undergo, a medical procedure – taking steps to live life as the opposite sex, or planning to live life as the opposite sex, is sufficient.

Schools must ensure that a student, parent, visitor or other person coming into contact with the school (or a group of these people) are not treated less favourably than others because they, their parents or somebody that they associate with has undergone, is planning to undergo or is in the process of undergoing gender reassignment. Students must be included within a class of the sex that they identify with.'

I'm aware that the first chunk is largely a copy and paste job, but the latter bits, especially that last sentence, concerned me. I know I need to have a rummage through the SSA:UK website among others, but wondered if anyone else shared my concern?

IWhen I read the criticism of the teachers involved in the case of the Black girl being forced to strip naked for 2 police officers, the report commented that the teachers showed too much deference to the police officers (who were acting illegally).
I'd suggest that this is happening with trans issues in schools as seen in the OP's example. Schools are deferring their professional knowledge and expertise in safeguarding, child development, child psychology, emotional health, wellbeing and mental health to activist groups who have no qualifications or expertise in anything pertinent to children. And that's why we see nonsense like this suggested as policy for 3 - 11 year old children.

Can I just say that there seems to be some confusion here that will make addressing the OP's (and similar) concerns harder, so please let me explain:

There are two distinct issues when it comes to people who identify as trans and two relevant laws.

1. The Gender Recognition Act 2004

This allows an applicant to change their legal sex by applying for a Gender Recognition Certificate which allows them to get a new abbreviated birth certificate stating they are now the opposite sex.

Eligibility criteria:

-adults over 18 only
-medical diagnosis of gender dysphoria
-name change
-evidence of name change two years prior to application and continuous use throughout

Although the law says a GRC-holder becomes the opposite sex for all purposes, lots of exceptions do apply. However, it is much more difficult to exclude a GRC-holder from opposite sex spaces.

As no person under 18 can legally change their sex, it is extremely unlikely that any pupil will have a Gender Recognition Certificate. You can therefore safely assume that all pupils who identify as trans have not legally changed their sex. This makes it much easier to regulate access to single-sex provisions in school.

1. Equality Act 2010

This sets out nine protected characteristics and when it is and is not lawful to discriminate against someone on the basis of a protected characteristic.

Gender reassignment and sex are two of these protected characteristics.

Eligibility criteria for gender reassignment:

-Identifying as trans

That's it. There is no age limit and no conditions, so yes, the protected characteristic of gender reassignment will apply to a primary school child who identifies as trans. Even if they just make a verbal statement of identifying as trans.

(But identifying as trans does not convey special access rights to opposite sex spaces.)

@CharlieParley thank you for explaining these two elements. I am someone who contributed to confusion in this. I apologise.

No worries. It took me a while to understand the difference myself.

It all seems so much reasonable waffle up until the last line, OP.

Students must be included within a class of the sex that they identify with.'

A class? Do they mean a classroom? Or do they mean sex class, and therefore changing rooms, toilets and dormitories?

The EHRC has said that all the protected characteristics must be taken into account. Each group's rights must be balanced so the fairest outcome is achieved.

For instance, making a classroom of girls uncomfortable to suit one boy obviously isn't that. So alternative provision must be found.

Gone are the days where trans trumps all.