Hell of an email re safeguarding.

[tableandchairsgreen]

Just got this from DCs' school. It kinda beggars belief. No safeguarding risk with mixed sex loos, changing rooms and overnight accommodation. Just Ewwww.

Anyway so off I'll be going to the LEA. Any advice?
Is it worth posting my location to gather some like minded friends?

Email:
As a school we follow the advice of the Local authority which includes the trans toolkit and this was first published in 2013. The toolkit advised schools that “The general approach should be to ‘use the toilet you want to use’.” that “Changing rooms can be communal rooms in keeping with their gender identity”, and that “Pupils should be able to sleep where they feel most comfortable. This is especially important when sleeping arrangements are made on the basis of gender.”

More recently the updated guidance produced for [local] Council asserts that “In all cases, trans pupils or students should have access to the changing room that corresponds to their gender identity”, and that a trans-identified male pupil “is a girl and as such has the right under the Equality Act to change with the girls”. The toolkit does not contain an Equality Impact Assessment, nor are schools advised to carry one out to assess the impact of introducing its guidance on all the other protected characteristics.

This Toolkit also states that there are “no provisions in child protection and safeguarding legislation specific to trans children and young people aside from what is in place to keep all pupils and students safe” and they therefore conclude that “There is nothing to prohibit trans children and young people using the changing rooms or toilets which reflect 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 gender identity would constitute an act of discrimination.”

If you require further information about the toolkit then the LA are best served to answer any queries.

Both my experience and recent data from Tavistock is that among children, there are now far more girls identifying as boys than vice versa and yes, this guidance would apply in that situation.

I’m hoping the upcoming guidance from the EHRC will help resolve this.

The alternative is to take it up with the LA, councillors and your MP. Ultimately your daughter will be disadvantaged because it is far from reasonable to expect her to change in front of male students, she will have to be removed from those lessons, and you could take legal action to uphold her rights to participate fully.

That letter is so full of errors and misreading of the law.

Absolutely - but they are directly quoting the guidance they've been given. This email is a plea for parents to complain to the LA - OP I'd suggest you do exactly that and let whoever sent this know that you've done it. They will probably appreciate it.

MP we’re in the home of green. But you are right, I shouldn’t assume the response.

will Google Oxford and the case recommended.

I read the email as totally arse covering, but pleased you all disagree. It is a bit ‘the big boys did it’.

It seems a MASSIVE change to make all the facilities mixed gender and not tell any parents.

It’s unacceptable.

I definitely read it as the writer is treading a line to ensure they can't be sacked/reprimanded for not being on-message, but they absolutely understand the implications and want it to be crystal clear. They are trying to hoist the school/LA on their own petard, essentially.

Sex Matters has just produced guidance for schools. Might be worth checking and sending them. Don’t have a link to hand but have a search.

That email is a shit show, thank you for responding as you are. I’ve got a daughter starting school in a year and this whole thing scares the absolute shit out of me.

I have in my mind that schools have to make their own decisions about policies. Of course they would almost always adopt policies approved by the LA (because it is a good defence in the event of judicial review) but I think the onus is on the school governors to have thought about and passed that school's policy. I don't think that the existence of a tool kit promoted by the LA absolves then of that responsibility.

I would want to know when the policy was approved by the governors and to see the minutes of the meeting(s) at which it was discussed and approved.

yes the comment about how males can use the girls’ changing rooms is quite sinister. No pretend of he/ she/ they can.

I don't think that's sinister, I think it's very clear: we are doing as we are told.

I've never taught at a school which lets boys change with girls- it certainly isn't something schools must do.

I would never normally say this but I think this letter needs to reach the daily mail- sunlight can be very effective in concentrating minds to look up the actual law as apposed to the stonewall approved 'guidance' they are using.

Because risk assessment needs to assess potential harm occurring.

So in a changing room there can be:
Option 1
• a single female "A" changing in a changing room with a number of females.
Option 2
• a single female "A" changing in a changing room with a number of males.
Option 3
• a single male "A" changing in a changing room with a number of males.
Option 4
• a single male "A" changing in a changing room with a number of females.

Q Is there a risk of harm from another child (child "B") eg Sexual assault of child A by child B.

Q If there is, in which option(s) is child B more likely to sexual assault child A and why?

If you can rank them then the school have a duty of care to put in controls to reduce the risk.

‘I would want to know when the policy was approved by the governors and to see the minutes of the meeting(s) at which it was discussed and approved.’

Great point. Will ask.
and for the date the guidelines changed.

Yes, probably worth asking for a copy of the previous policy as well. If it was a big change or a completely new policy I would expect there to have been lots of discussion.

If your MP is useles, maybe try writing to Nadhim Zahawi- he's in charge of education. You could email him and say you're not a constituent- but emailing specifically to ask when he's releasing the new guidance for schools because you are concerned with

"Pupils should be able to sleep where they feel most comfortable. This is especially important when sleeping arrangements are made on the basis of gender.”

I wonder where the average horny teenage boy would feel more comfortable sleeping?

OP I wrote to my LA about similar issues. I can send you a copy of the email if you like (some was drawn from Safer Schools and Transgender Trend info). Also worth looking at the Oxford toolkit that was withdrawn - I think a lot of the councils' toolkits are similar. Are you in Brighton by any chance? I have a friend there who is trying to work with her daughter's secondary school on their trans policy

Also worth looking at this thread? www.mumsnet.com/talk/womens_rights/4268985-Examples-of-school-policies-stating-trans-people-allowed-to-use-opposite-sex-spaces

You certainly have an ally in whoever very carefully penned that letter - MNer I wonder...?

I think I have read on here that schools must provide singel sex toilets...

Also worth a read www.transgendertrend.com/wp-content/uploads/2019/05/CRIA-Allsorts-Toolkit.pdf

This may be the same LEA that was revising the toolkit last year (and continuing to use it, despite other councils withdrawing it). There was a thread on here about it iirc. The minutes of the council meeting at which it was discussed make for interesting reading.

Are you in Brighton OP? They've gone trans loopy in that part of the country.

This may be the same LA that was revising the toolkit last year (and continuing to use it, despite other councils withdrawing it). The minutes of the council meeting at which it was discussed make for interesting reading. I have raised this issue with relevant council lead and MP and lost heart because they were so unwilling to listen to my concerns. Your post and this new initiative from Sex Matters has prompted me to have another go.
Guidance to Schools

“Trans toolkit”…FFS

Since all changing rooms - sleeping rooms - toilets- showers etc. in this school are now mixed sex, surely they need to be supervised accordingly and divided into secure individual spaces (cubicals with walls/single rooms) from now on?