I'm going to be 'that' parent - re school policy omitting 'sex' in favour of gender

[elfycat]

I should have looked at the policy before now (have checked multiple policies in the local area) but the Secondary school DD1 attends has listed gender on the list of protected characteristics and not sex.

So I guess I have to contact them. I've found a copy of the DoE departmental guidance for schools ( listing sex correctly ) to quote. But this is the first letter of this kind I have written.

For anyone who has previously brought this kind of error to the attention of policy makers, what advice can you give me on what to include.

I was thinking of addressing it along the lines of -

I was looking shit up on your website
I noted that your shit wasn't right
Here's the DoE guidance on your shit
I would expect this error will be dealt with swiftly, 'coz it's an Act... like a law, right?
Could you please let me know the timetable you have for governors looking at policy shit, so I can keep my beady eye on ya.

Does that look about right for the paragraphs?

(now going to relook at other policies in local services)

Having a child with send myself and seeing the massive amount of fight people have to go through to get their send child an education I would say you need to pick your battles.

I suggest you also check their safeguarding procedure and if they have one visible their policy for foreign trips.
Safeguarding or somewhere should talk about if necessary things (eg searches for weapons) being done in presence of staff of same sex (not gender) and maybe single sex changing rooms etc and foreign trips should talk about single sex accommodation not gender.

As a parent of a child with SEN myself I do see your point.

However pointing out to the school they have the law wrong can be done in a spirit of cooperation in the first instance, it doesn't need to be a battle.

Clearly a common mistake. Just checked our school policy and it’s the same.
@elfycat could I be be very cheeky and ask you to send me a copy of your letter and I will send to my school. Many thanks.

@TeenPlusCat but if you already have yourself labelled as “that parent” then when you have to go in and try and get things in place for your daughter then you may already be on the back foot, there’s enough off rolling of Sen kids as it is. Lots of policies bear no resemblance to what a school does in practise anyway as anyone who has ever read an Sen policy will know. Personally I’d wait abit rather than it be your first ever communication with the school

Give over. OP has clearly stated that the policies include gender and gender reassignment. So those children would be protected twice. All OP is asking for is adherence to the law which, as we all know, provides protection from discrimination on all necessary characteristics.

Fucking around with the wording changes that, to the detriment of some, usually women as we have seen far too often. Mainly because those doing the changing aren't legally minded and so don't fully integrate those changes to maintain the balance of the EA2010.

So maybe, before you bleat about some poor kids losing summink summink you might want to consider the real ramifications of the changes already being unilaterally made.

I'd just write a polite letter/email. Include a link to the DoE guidelines (shows you have actually checked) and say you note that the school have incorrectly included gender instead of sex. It's a common conflation but actually has different meaning.
Then I would say, I'd be grateful if you would correct this.
See what they come back with.
Schools really need better guidance on how to accommodate trans pupils whilst still ensuring girls have safety and dignity at school. Everyone deserves to be welcome and secure.
There's an increasing push back on thoughtless inclusion. The EHRC is probably where I would go next if the school say no or say there's no issue.

This might help

Guide Association settles with Katie Alcock www.mumsnet.com/Talk/womens_rights/4533836-guide-association-settles-with-katie-alcock

I'm drafting my message. I think in the first instance it's going to be a light -oops you have the wording wrong, please amend so you're not mis-quoting your own guidelines.

I'll fine tooth-comb the rest of the policy later and see if the 'gender' had taken precedence over sex in the meaning, but it looked OK on first glance. I'll approach any actual amendments needed very carefully and in the sprit of cooperation.

please don't make me join the Governors. I don't want to be THAT parent

Would appreciate any feedback, or proof reading - and if anyone likes it and wants to copy it in part or full then feel free to do so.

Dear Headteacher, and Assistant Head named on policy

My child Elfykitten is at your school in form KittenClass, and my younger daughter will be joining you in September.

I am writing to communicate my concerns about the wording of your Equalities Policy & Action Plan (last amended September 2021), and express my belief that this policy is not correct with regards to the Equality Act 2010, and the wording from the Department for Education’s ‘The Equality Act 2010 and schools (Departmental advice for school leaders, school staff, governing bodies and local authorities).

Equalities Act – please see page 16:

www.legislation.gov.uk/ukpga/2010/15/pdfs/ukpga_20100015_en.pdf

Department for Education – please see page 8:

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/315587/Equality_Act_Advice_Final.pdf

Your policy inaccurately lists ‘gender’ as a protected characteristic, which it is not. ‘Sex’ is the protected characteristic as listed in the Equality Act 2010 and the Department for Education’s guidelines. This misunderstanding is fairly common, particularly as some policy templates contain this error. Gender reassignment is also a protected characteristic and has been correctly listed, so any students, staff or visitors to the school with a particular need in this characteristic are already covered in your policy.

I respectfully ask that you amend your Equality Policy to replace any erroneous references to ‘gender’ as a protected characteristic with the correct term, ‘sex’. As this is not a policy change, but merely amending to reflect the Act of Parliament’s wording, I anticipate this will be done in a timely manner. I would appreciate hearing back from you about this matter.

Yours sincerely,

Elfycat

Perhaps you could avoid the word 'belief' when it comes to pointing out their error, and just say something about expressing your concerns that the word gender is wrongly used instead of sex, contravening the law - ie make it clear that it's a fact not a belief.

Perhaps a once or two sentence explanation of why it matters would help as well, so they know you're not just being pedantic for the sake of it, but are actually concerned for genuine reasons.

Yes don't say belief, it is a fact. Just say upon reviewing/perusing your policies I noticed the error etc.

So here is version 2 taking onboard your comments - thank you.

I am writing to communicate my concerns about the wording of your Equalities Policy & Action Plan (last amended September 2021), and express my concern that this policy is not correct with regards to the Equality Act 2010, and the wording from the Department for Education’s ‘The Equality Act 2010 and schools (Departmental advice for school leaders, school staff, governing bodies and local authorities)’.

Equalities Act – please see page 16:

www.legislation.gov.uk/ukpga/2010/15/pdfs/ukpga_20100015_en.pdf

Department for Education – please see page 8:

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/315587/Equality_Act_Advice_Final.pdf

Your policy inaccurately lists ‘gender’ as a protected characteristic, which it is not. ‘Sex’ is the protected characteristic as listed in the Equality Act 2010 and the Department for Education’s guidelines. This misunderstanding is fairly common, particularly as some policy templates contain this error. Gender reassignment is also a protected characteristic and has been correctly listed, so any students, staff or visitors to the school with a particular need in this characteristic are already covered in your policy.

Although the terms ‘sex’ and ‘gender’ have been used interchangeably in recent history, changing political circumstances have made it necessary to draw a distinction between the two – particularly where legislation is concerned. ‘Sex’ refers to the biological, reproductive classification of people as either ‘male’ or ‘female’. ‘Gender’ refers to the social expectations, roles or stereotypes of each of the sexes. While the two are clearly linked, it is important to acknowledge the difference in order to protect both adults and children from sex-based discrimination.

On 04/04/22 The Equalities and Human Right’s Commission (EHRC) issued guidelines allowing for the provision of single sex spaces where it can be demonstrated that it is a ‘proportionate means of achieving a legitimate aim’. While spaces should be inclusive for all where practicable, this legitimate aim can be for privacy or dignity of that single sex.

www.equalityhumanrights.com/en/advice-and-guidance/separate-and-single-sex-service-providers-guide-equality-act-sex-and-gender

I respectfully ask that you amend your Equality Policy to replace any erroneous references to ‘gender’ as a protected characteristic with the correct term, ‘sex’. As this is not a policy change, but merely amending to reflect the Act of Parliament’s wording, I anticipate this will be done in a timely manner. I would appreciate hearing back from you about this matter.

Yours sincerely,

Elfycat

Actually I've just seen 'concern' twice in the paragraph.

I am writing to communicate my concerns about the wording of your Equalities Policy & Action Plan (last amended September 2021). This policy is not correct with regards to the Equality Act 2010, and the wording from the Department for Education’s ‘The Equality Act 2010 and schools (Departmental advice for school leaders, school staff, governing bodies and local authorities)’.

Yes OP that should do it and if you don;'t get a response within a week, send the same letter to the Chair of Governors. (Name and contact should be on school website).

I've just become THAT parent and am a new governor. Working out how to stop this shit becoming the norm in our kids school in W Sussex. The school will have a governor's committee for Pastoral care. Work out who the parent governors are for that committee.

Don’t give them that long - it’s a simple fix that shouldn’t take 5 minutes to change and approve. So ask them to correct it at the next governors’ meeting at the latest. If there isn’t one in the near future, ask them to do it outside of meetings. If you need to, you can point out that a snap Ofsted inspection will be unimpressed by school policies that misrepresent the law. I suggest also asking the governors to consider how they will ensure that similar errors in law will not be repeated on future school policy…

I’m a school governor by the way. I’d be mortified if our policies were legally incorrect and delighted if parents alerted us to problems.

Our school policy is adopted from the county council policy…. I’m going to aim at both school and county level and be that parent !!

thanks for the draft Elfycat and other mumsnetters.

Just sent the letter off

Now we wait and see if I get a reply, or if the policy changes. I am prepared to be a little patient - maybe to the week before half term, when it will be a 'further to my last email...' . This time to the headteacher and chair of the governors (who is the equality lead, and the SLT lead... poor DD2 with her speech thingy I'd never heard of a couple of months ago).

Well done elfycat. Unbelievable that schools are playing fast and loose with the law, let alone safeguarding and girls' rights, but here we are.

Well done op!!

I'm about to escalate this argument at work. I'm keeping it factual and succinct:

-I note you have misquoted this Act of Paliament
-here is a link showing the correct wording
-let me know when this has been amended

Everyone has to acknowledge and correct errors occasionally in the workplace; it really shouldn't be a big deal.

I just got a reply.

Dear Elfycat

'Many thanks for your email. We fully appreciate the time you have taken to write this email. We will make the change as you suggest.'

Warm Regards

Assistant Headteacher named on policy.

OK. That was... easy.
Now to look up where else I can use my letter as I (and others on this thread) put time and thought into this.

Yowser! Well done. Ungird those loins, put the kettle on - battle avoided

On to the next....

Both my daughters have SENDs even more reason to check school is not misrepresenting the law.

Fantastic result OP. Well done! The other thing to look at is all the Equality stuff at your local council. Mine doesn't use sex apart from in the official list from the Equality Act. It really is a shit show. There are so many links from various pages, the whole thing needs a complete over haul. Not drafted the email yet but it will be very matter of fact like your letter.

NHS vaccination consent forms are another bug bear for me when it asks: male, female, non binary, other.
Again this conflated sex and gender. I have to tick other for my daughters.