Draft LADO letter - any and all feedback gratefully received on this draft letter:
Subject: Urgent Safeguarding Complaint – xxxxx School Non-Compliance with Legal Safeguarding Duties
Dear [LADO’s Name],
I am writing to formally report a series of safeguarding failures at xxx School in Brighton, where I am the parent of two pupils. These failures relate to the school’s refusal to act on binding legal obligations under the Equality Act 2010 as recently clarified by the UK Supreme Court, and further supported by interim guidance from the Equality and Human Rights Commission (EHRC). I believe these actions – and inactions – constitute a serious breach of the school’s legal safeguarding duties, placing children at unnecessary risk.
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1. Background and Legal Context
In April 2025, the UK Supreme Court ruled in the case of For Women Scotland v The Scottish Ministers [2024] UKSC 5 that the term “sex” in the Equality Act 2010 means biological sex. This ruling is now binding across all sectors, including education. The Equality Act explicitly allows single-sex facilities where justified, and schools are under a statutory obligation to provide single-sex toilets for children aged 8+, and single-sex changing rooms for children aged 11+, under the School Premises (England) Regulations 2012.
On 24 April 2025, the EHRC issued an interim update on the practical implications of the Supreme Court ruling, including this unambiguous direction:
“Pupils who identify as trans girls (biological boys) should not be permitted to use the girls’ toilet or changing facilities, and pupils who identify as trans boys (biological girls) should not be permitted to use the boys’ toilet or changing facilities. Suitable alternative provisions may be required.”
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2. Safeguarding Concerns
Xxxx School has consistently failed to uphold these legal obligations. Despite repeated requests over several months, the school:
• Maintains a “case-by-case” approach to toilet and changing room access, directly contradicting the law.
• Refuses to confirm whether biological males are currently using female-designated facilities.
• Has declined to act even after receiving the EHRC’s interim guidance and full citations of legal rulings.
• Continues to frame these matters as awaiting future “guidance,” thereby ignoring binding Supreme Court law.
• Has not provided any evidence of risk assessments, policy reviews, or insurer notifications.
• Refused to confirm that the governing body has been fully informed of the legal risk and safeguarding exposure.
Most disturbingly, the school has not confirmed that:
• Male pupils are currently excluded from female toilets and changing rooms.
• “Case-by-case” policies have been suspended or replaced with sex-based safeguarding policies.
• Staff have been appropriately updated and trained on the new legal requirements.
These failures expose all pupils to unnecessary safeguarding risk — especially girls, who are more vulnerable to sexual harassment, and boys, who may be placed in legally risky and inappropriate situations. The safeguarding failure here is not just theoretical. As Ofsted noted in its 2021 report on sexual abuse in schools, many incidents go unreported, and failure to act on even minor policy breaches can result in serious harm.
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3. Correspondence Timeline
I have contacted the school extensively. The following is a high-level summary:
• October 2024–April 2025: Numerous safeguarding concerns raised with the school around mixed-sex facilities, compelled pronoun use, and safeguarding risk to my children.
• 26 April 2025: I submitted a formal Stage 2 complaint to the governors detailing 13 urgent safeguarding and legal compliance failures.
• 29 April 2025: I wrote to the Headteacher and Senior Leadership Team, citing the EHRC’s interim guidance and the Supreme Court ruling, requesting immediate compliance and written confirmation of five specific safeguarding actions.
• 6 May 2025: I wrote again after receiving a dismissive response from the school. I reiterated that the school is bound by law and cannot “wait” for new guidance. I also asked if the school had informed its insurers of ongoing non-compliance.
• 15 May 2025: No reply was received. I informed the school that I would be contacting the LADO and Ofsted due to continued refusal to address the safeguarding breach.
All of these emails are fully documented and can be provided to you upon request.
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4. Specific Failures I Am Reporting
I believe the following constitute actionable safeguarding concerns under your remit as LADO:
• The school is knowingly failing to uphold legal requirements regarding single-sex facilities.
• There has been no risk assessment shared with parents or confirmed by governors.
• The school has ignored both statutory safeguarding guidance (KCSIE 2024) and current equality law.
• There is a failure to notify and consult governors transparently, breaching good governance and oversight practices.
• The school has refused to implement temporary safeguarding measures, even while awaiting non-binding future guidance.
• Female and male pupils are being placed in inappropriate, high-risk environments, with no documentation or consent from parents.
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5. My Request to You as LADO
I am asking that your office:
• Open a safeguarding enquiry into the school’s failure to act in compliance with the Equality Act and statutory safeguarding obligations.
• Request documentation from the school, including relevant risk assessments, safeguarding policies, and board-level minutes.
• Ensure the governors and safeguarding personnel are formally interviewed, and that interim safeguarding measures are immediately implemented.
• Confirm whether Brighton & Hove City Council has actively advised or endorsed the school’s position, and whether it is aware of this non-compliance.
• Offer clear advice to the school and governing body regarding their obligations under KCSIE 2024, the Supreme Court ruling, and the EHRC interim guidance.
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6. Final Comments
This is not an issue of personal belief or ideology — it is a matter of legal compliance, safeguarding best practice, and the protection of vulnerable children.
I submit this complaint in good faith, as a parent, as a professional, and as someone deeply concerned about the integrity of safeguarding in our schools. I am more than happy to provide all correspondence to date, including my full complaint, the EHRC guidance, and legal citations.
I look forward to hearing from your office and am available at short notice to provide evidence or meet to discuss these matters further.
Yours sincerely,
Xxxx
Father of two pupils at xxxxx School