The op managed to lose access to their email account and they asked me to pop a copy of the complaint letter up and ask for any helpful feedback :) Any feedback at all welcomed!
[Your Name and Address]
[Date]
For the attention of:
Xxxxx, Head of School & Designated Safeguarding Lead
Xxxx School
[School Address]
CC: [Any additional recipients—Chair of Governors, LA Safeguarding Team, etc.]
Subject: Formal Complaint Concerning Safeguarding and Mixed-Sex Changing Facilities
Dear xxxxx,
I write to lodge a formal complaint on safeguarding grounds regarding the school’s stance that students’ use of changing rooms be considered on a “case-by-case” basis. This issue arose when I requested an unequivocal guarantee that no male—regardless of any declared “gender identity”—would be permitted to see females in a state of undress (nor vice versa) on school premises or during any school activity. Your recent response confirms that the school maintains a “case-by-case” approach, which I regard as unacceptable, illegal, and a serious failure of safeguarding.
I set out below the key points underpinning my complaint:
1. Legal and Statutory Obligations
- Draft DfE Guidance (Gender Questioning Children, 2023)
Page 14 of the consultation document is explicit:
“Schools must not allow a child, aged 11 years or older, to change or wash in front of a child of the opposite sex, nor should they be subject to a child of the opposite sex changing or washing in front of them.”
This principle is not optional. It directly reflects schools’ statutory duty to provide suitable single-sex changing and washing facilities for pupils 11 and over.
- Keeping Children Safe in Education (KCSIE) 2024
This is statutory guidance. Schools must have regard to it when carrying out their duties to safeguard children. KCSIE 2024 acknowledges that, in the majority of cases, “girls are more likely to be victims of sexual violence and sexual harassment and more likely it will be perpetrated by boys.” Allowing boys into girls’ private changing areas fundamentally conflicts with the spirit and letter of this guidance.
- Equality Act 2010 and Human Rights Act 1998
• Under the Equality Act 2010, schools may lawfully offer single-sex facilities (and generally must do so from age 8 upwards). Any policy allowing males in female facilities likely constitutes indirect discrimination against female pupils on grounds of sex.
• It also risks sexual harassment claims, as set out in sections 26 and 85(3) of the Act.
• Further, Article 8 of the Human Rights Act (the right to privacy) is engaged when a girl is compelled to share intimate spaces with someone of the opposite sex—consent cannot override that fundamental right, particularly for minors who cannot meaningfully waive safeguarding protections.
2. The Brighton & Hove Trans Inclusion Toolkit is Unlawful
You referenced receiving advice from the Local Authority. However, Brighton & Hove’s Trans Inclusion Toolkit is widely criticised and legally unsound. As set out in Karon Monaghan KC’s Advice (published by Doyle Clayton Solicitors), this toolkit contravenes the Equality Act 2010 in multiple respects, particularly regarding single-sex changing facilities. Nothing in that toolkit can justify breaching statutory safeguarding duties or placing female pupils in a position where they must undress in the presence of males.
Further, Oxfordshire County Council withdrew its own similar toolkit when challenged in court (see Safe Schools Alliance legal action). The same arguments apply here: you cannot override single-sex protections in changing rooms by simply declaring a “case-by-case” approach. Trans-identifying male pupils remain legally male and cannot share these intimate facilities with female pupils—especially minors—without exposing the school to liability, and more importantly, placing girls at risk.
3. Safeguarding Cannot Be Overridden by “Consent” or “Case-by-Case”
No parent, pupil, or external authority can grant permission for a male to see a female in a state of undress (or vice versa) in your school’s facilities. Children cannot consent to these arrangements, and even if they did, they lack the legal capacity for such consent. As the new DfE draft guidance emphasises, social transition is not a “neutral act” and must never conflict with fundamental safeguarding principles.
Permitting a male to be present when girls are changing constitutes an immediate safeguarding threat to both the girls and, potentially, the male pupil. This arrangement sets the stage for possible indecent exposure, voyeurism, or sexual harassment—offences under criminal law. It further undermines girls’ rights to privacy and dignity, as also highlighted in official government guidance (e.g., Fair Play For Women and Safe Schools Alliance analyses).
4. Harmful Impact on All Children, Including Those Who Are Gender Questioning
I am mindful that some pupils experience gender distress or identify as trans. Naturally, they should receive every support and compassion the school can offer. However, that support must not come at the expense of female pupils’ boundaries or legally required single-sex spaces. In addition, encouraging a child who identifies as trans to believe they may lawfully access the opposite sex’s intimate spaces could set them up for confusion, possible conflict with peers, or even legal jeopardy if accusations of voyeurism or indecent exposure arise. Adopting a “case-by-case” approach fails both sets of pupils.
5. My Required Outcome
This complaint seeks a clear, written assurance from xxxxx School that:
- Males of any age or identity status will never use female changing or shower facilities, and vice versa.
- The “Brighton & Hove Trans Inclusion Toolkit” will not be used to override statutory safeguarding obligations, nor will it be relied upon to justify or encourage mixed-sex changing of pupils aged 11 or older.
- The school will fully comply with the Equality Act 2010, Human Rights Act 1998, KCSIE 2024, and the draft DfE guidance, ensuring that single-sex facilities remain genuinely single sex.
- xxxxxx governors recognise their ultimate responsibility for safeguarding all pupils, regardless of external advice that contradicts national law or guidance.
No other outcome is acceptable. Children’s rights to single-sex privacy, dignity, and personal safety cannot be compromised. This is a formal complaint and should be handled via your official complaints procedure. Kindly acknowledge receipt of this letter, confirm it has been escalated appropriately, and provide your written response within a reasonable time frame (often 10–15 working days).
6. Next Steps
Should the school fail to guarantee that male and female children will not be required to share private changing spaces, I will be forced to escalate my concerns, including to governors, the Local Authority’s safeguarding officers, and potentially the Department for Education. It may also become necessary to seek legal remedies if single-sex safeguards continue to be overridden or dismissed.
I wish to emphasise that my overriding concern is the safeguarding and wellbeing of all pupils at xxxxx. I trust the school will recognise the seriousness of this matter and provide the necessary written assurances to restore confidence in its commitment to child protection.
Yours sincerely,
[Your Name]
[Signature if appropriate]
[Contact Information]