What are the rules for GRC and boarding schools?

[Loveacuppa]

Sorry if this has already been covered elsewhere (if so, if someone could link through, I'd be grateful).

Please can someone explain to me the implications of the GRC and boarding schools? Am I right in thinking that in Scotland, a sixth former could get a GRC and thereafter have to be housed in the boarding house of the opposite sex? But according to the rules, the school are not allowed to tell any of the other pupils / parents?

Or does Safeguarding trump that and the school can maintain single-sex exemption?

A GRC is an extraordinarily powerful document that allows someone to change the sex recorded on their birth certificate and tax records, and which makes it a criminal offence for anyone to “disclose” their sex, including to another professional, if they know about the change in an official capacity (for example as a colleague, employer, service provider, teacher, social worker or in healthcare) – even if it is obvious, or necessary for healthcare or other people’s privacy.

Under the new GRR bill any child over 16 so some 4th years plus most 5th year and all 6th year males who gain a GRC must be treated as a girl and allowed to join an all girls school and share the same facilities as any female student would including dorms and showers. Although the school could try and apply the single sex exemption however as schools weren't specifically mentioned in the equality act exemptions (due to only over 18s being able to apply (would be 20+ by time it was granted)) under the most recent legal decision they would fail as sex means both legal and biological depending on the circumstances

It may come down to the aims and objectives of the school. eg if it is a private boarding school set up as some sort of trust, the founding document may refer to girls and so it might be possible to apply the single sex exemption.

I suspect it would depend a lot on whatever governing body the school has as to whether anyone would take a stand.

If it is funded by a local authority I think they would just toe the SNP line, and they wouldn't think there is a safeguarding issue.

Ideally the school should have a secret ballot of parents IMO ...

And I believe that, unless there are some changes at Westminster, this would apply to a schools in England, N Ireland & Wales should a Scottish trans pupil (with a GRC) join

It should be at the discretion of the school, and hopefully common sense would prevail.

Depends on whether Scotland gets added to the list that is being drawn up as to which GRC issued in other countries are valid in the UK.

And the wording of the articles of incorporation of the school.

From a year ago - there may be a thread from that time - www.independent.co.uk/news/education/girls-school-transgender-admission-policy-b1986029.html

I’m afraid this is incorrect. Scotland is not considered an ‘other country’ it is part of the UK. The updating of the list of countries has been conflated with what is going on with the Scottish GRR bill, but it is just bad timing.
So many commentators and journalists are getting this wrong (including Iain Anderson of Stonewall who knows better).

I just can't see private schools doing this, it would ruin them. NO parent will accept a boy being in the girls dorms, changing rooms etc.. they will leave in droves. Interesting to see, if this goes through, if there is a drop in uni applications from UK to Scotland,

Thanks all
It's taking me a while, but light is dawning on me as to quite how wide-reaching the implications of the GRC are.

I think people from the U.K. will still attend Scottish universities as they have so much prestige and everyone is older anyway.

In case any of you here have not seen this petition, it is to update the Equality Act to make clear that sex means biological sex and not sex as modified by a GRC.

It has received more than 10,000 signatures and so we are now waiting to hear the Government’s response which is due.

There have been enough signatures so far that it’s possible there could be 100,000 before the petition ends in April which would lead to a debate in Parliament.

petition.parliament.uk/petitions/623243

@RPMcMurphy - thanks yes I know this, and spent most of last week pointing this out! Should have phrased it differently, but made me aware I am not sure what legislation if any has been proposed in NI & Wales.

These are proposals for NI www.bbc.co.uk/news/uk-northern-ireland-63949943

And statement from Welsh Government

Seek to devolve powers in relation to Gender Recognition and support our Trans community. www.gov.wales/sites/default/files/consultations/2021-07/lgbtq+-action-plan.pdf

It adds that: "Whereas a potential reform of the GRA is perceived as threatening to a part of the community, it would have a significant positive impact for the transgender community.

Perceived as a threat to “a part of the community” that is 5O%
compared to being an advantage for the transgender community of 0.2%

Just think if 0.2% were allowed to decide a referendum.

Private schools aren't obliged to accept pupils though, are they? Just because you can pay, even if you pass any selection tests, there's no legal obligation for them to admit anybody.

This would mean that the issue would more rest in the co-ed boarding schools, or possibly in linked girls' and boys' schools. Which reduces the numbers - although safeguarding issue remains the same.

Sixth forms.

I wonder if Perhaps a trans pupil could sue for discrimination under the Equality Act if they had passed the exam but were not admitted?

Sorry but looks like I didn't complete my post last night, when I was too tired to concentrate.

My worry is that if not just Scotland but Wales and NI head towards self id and a lower age, that it will be very hard for Westminster not to follow.

ie with an election coming up are the Tories going to quash proposed legislation be devolved Governments / Assemblies?

Added to which all sorts of people who dont care either way about GRC will jump on this as a way to score points against Westminster / the Tories.