New schools guidance - SSA does not welcome it.

[2fallsfromSSA]

Not sure if everyone has seen the new schools guidance published recently by Association of School and College Leaders, Chartered College of Teaching, Confederation of School Trusts (CST), Institute of School Business Leadership, National Association of Head Teachers and National Governance Association.

SSA does not welcome this guidance at all, its problematic on many levels. We cannot welcome something just because it shows a commitment to single sex spaces. Guidance has to take a safeguarding approach throughout, safeguarding is not something that can subject to negotiation.

Here is a statement:

safeschoolsallianceuk.net/2022/11/10/statement-on-recently-published-guidance-for-transgender-pupils/

Also, twitter thread where we also comment on a No Secret Lessons campaign:
twitter.com/SafeSchools_UK/status/1590704744627986434

Thanks, OP.

I just got SexMatters' response to it, too:

sex-matters.org/posts/updates/sex-matters-welcomes-headteachers-guidance/

Yes, we have seen it. We disagree with their perspective.

I don’t welcome the guidance either. I posted this in the thread about the times article re the toilets guidance:

“There’s a lot of other direction in that guidance which is absolutely dreadful. It discusses the Cass Review and suggests “Some schools will wish to take a more cautious approach to social transition than previously in light of the Cass Review Interim Report findings and to look at other options for supporting pupils, pending further advice from the Cass Review, the DfE and/or EHRC.”

Then it goes on to make abundantly clear that informing parents, while desirable, is ultimately optional and where there is disagreement (or where the parents are unaware), school staff should make the determination as to whether or not a child is Gillick competent wrt social transition.

This isn’t appropriate advice at all and undermines the recent NHSE proposed services specs and their very cautious approach to social transition.”

I think this guidance is just as bad if not worse than the guidance we’ve seen to date from the lobby groups. It comes with a sheen of authority and codifies the concept that telling parents about a child’s social transition at school is optional and is irresponsible with the direction to tell staff to determine Gillick.

Haven't actually read it yet but I agree this guidance looks like an attempt to get ahead of the 'real guidance'. It can only add to the confusion.

They have now put the guidance behind a login screen but if you go to the SSA site, we have linked directly to it in the first paragraph

I too did not welcome the guidance. Whilst it follows some of Braverman's clarifications about single sex spaces and sport, it nevertheless anticipates the codification of Gender Theory into schools (which is currently not explicitly referred to in DfE Guidance.

It emphasises that the loose definition of Gender Reassignment can effectively become self ID and it even refers to the concept of "transgender pupils" in the title, which confirms a commitment to using trans ideology to describe children without qualification.

I was particularly concerned by its legalistic approach, which sort to build school policy upon legal cases, rather than according to ethical consideration and existing DfE Guidance. It pointed to a biased picture of case law that suggests that the concept of gender identity be put beyond political contention. Alternative legal cases could have built a very different view, proving the matter is politically contentious not legally settled.

Worryingly it continued to anticipate some transitions might take place in schools without parental awareness.

It is concerning that the Guidance has now become unavailable online to parents. Even though it is intended as advice from a sector body to schools, it pertains to matters far too important to parents to keep it secret from the public.

I hope this Guidance does not become a stepping stone to an overly compromised official DfE Guidance.

How are teachers to determine if a child is Gillick competent, are they given ANY training in this at all?

RFP what the guidance says is:

”When there is potential for conflict between the wishes of children and their parents, such as when a pupil wishes to transition socially at school without the knowledge of their parents, the case of Gillick v West Norfolk and Wisbech Area Health Authority remains the authority.98 The legal authorities concerning Gillick competence were reviewed in 2021 by the Court of Appeal in Bell v Tavistock99 which strongly affirmed Gillick, quoting with approval the statement of Lord Scarman in that case that ‘a minor’s capacity to make his or her own decision depends upon the minor having sufficient understanding and intelligence to make the decision”

”Assessing Gillick competence in this area, however, is far from straightforward. It is likely to require nuanced legal advice beyond the scope of this briefing note. Consideration will have to be given to whether a particular pupil will be able to understand the implications of certain decisions at a time when, as the Cass Review observes in the medical context, there is a ‘lack of consensus’ among professionals and ‘there has not been routine and consistent data collection, which means it is not possible to accurately track... outcomes.’”

It also says:

”The law is clear that the views of a young person who is in conflict with their parents should prevail where the young person is Gillick-competent in relation to the decision in question.”

What it ignores (or more likely, was completed prior to and then a decision was made to not delay publication) is the proposed NHSE service specs which make it clear that social transition should be supported under certain criteria, including a GD diagnosis and under clinical supervision. I would suggest the chances of this happening without parental awareness are 0% yet the guidelines are indicating that teachers can determine Gillick without parental awareness/involvement.

It completely undermines the current direction of NHSE.

Given how many schools in England this guidance covers and the fact that CST have moved it to behind a paywall, it would be interesting to know whether schools have been told to also keep it away from public view- ie will it be made accessible to parents in individual schools?

Is there any new intell at all on when the official DfE guidance is coming out? 'Autumn' is surely coming to an end soon....