Secondary School mixed sex changing rooms complaint: Update from school (again)

[TangenitalContrivences]

Hello everyone - Have just received a further update from my daughters (14) secondary school (Brighton) regarding my complaint - which is at stage 2 - go to governors complaint, and my further email to the school asking them to comply with the EHRC interim guidance.

I'll copy both responses below, redacted.

I would very, very much appreciate specific feedback to include in my responses to the school, it's been people here (and elsewhere) who have helped me put together really powerful letters that have clearly rattled the school.

However - there is still a male in the female changing spaces at this school. Therefore it is mixed sex.

(link to the last discussion if you want context https://www.mumsnet.com/talk/womens_rights/5309038-secondary-school-complaint-about-mixed-sex-changing-rooms-update-school-response-and-request-for-help-writing-the-escalated-complaint-to-governors )

FOI regarding insurance:

Dear Sir/Madam,

I am writing to request the disclosure of information under the Freedom of Information Act 2000.

Please provide the following information:

The name and contact details of the current insurance provider(s) used by xxxx School for institutional coverage, including but not limited to:

Public liability

Employer liability

Professional indemnity

Safeguarding or legal liability

All correspondence, internal reports, or communications (whether written, email, or recorded minutes) sent by or on behalf of the school to its insurers relating to:

The school’s current “case-by-case” policy concerning access to single-sex toilets and changing facilities.

The Supreme Court ruling in For Women Scotland v The Scottish Ministers [2024] UKSC 5 (clarifying the meaning of “sex” in the Equality Act 2010).

The Equality and Human Rights Commission’s (EHRC) interim guidance published on 24 April 2025.

Any inquiry, notification, or statement made by the school disclosing that it is not yet complying with the above.

Any response(s) received from the school’s insurer(s) regarding any of the above topics, including whether the school’s current or previous policy approach might affect coverage or indemnity in the event of a safeguarding or legal claim.

If no such correspondence or disclosures to insurers exist, please confirm explicitly whether the school has informed its insurers of its current position on single-sex provision in light of the Supreme Court ruling and EHRC interim guidance.

This request is made in the public interest and for transparency concerning safeguarding governance, legal compliance, and risk management. I am not seeking any personal data or information that would fall under data protection exemptions, only institutional communications.

I would be grateful if you could acknowledge receipt of this request and respond within the 20 working days as stipulated under the Act.

Yours faithfully,

xxxx

Is this a draft or have you already sent it?

If it's not gone yet, it's worth looking at ways to remain anonymous (if that's what you want to do) because FOIs go on public record... including the name of the person who raised them.

One way to do it is via whatdotheyknow, where an anonymous email address will be created for you for the correspondence. Also, you can choose to be "Mr S" instead of "Samuel Smith" etc.

The process and FAQs about being anonymous etc are all on here:

https://www.whatdotheyknow.com/

It has gone but the school already know who I am and hate me so zero shits given, but I really appreciate the information regardless :)

Beautiful letters. Let's hope the dominoes start to fall now!

I think my only quibble would be the use of gender as opposed to sex re the safeguarding failure, but otherwise it's great. And it may be the only word they understand.

They may hate you but to me you are a great example of responsible parenting, not just for your kids, but for all the others too.

And these letters will be useful for other parents as templates, so thank you.

You'll be doxxing yourself to all the TRAs though... 😬

If you're still giving zero shits I salute you. You're a brave dad who is standing up for safeguarding children... and who is excellent at writing letters.

The advantage of using “whatdotheyknow” is that others can easily view your FOI requests. The website also keeps track of dates so prompts you to send “hurry up” messages when they are slow in responding.

FOIs formally received.

Thank you for doing this for your daughters and the other pupils at the school.

Remind me never to get on the wrong side of you, because I certainly wouldn't want to be the recipient of one of your letters!!

You're brilliant, OP. 😁

Bravo OP. Sterling job.

Agree! I thought I was the champion letter writer. I was wrong. OP, I am seriously impressed.

Here's hoping some people have a seriously uncomfortable weekend having seen that arrive!

FOIs received, perhaps more helpful stuff to follow? Like some email addresses?

LSE law school, Naomi Cunningham, Ben Cooper eat al

I watched this last night and thought of you and your situation.
Ive lived in Brighton for 23 years and really feel for you. This vid from lse, explaining the result of the SC ruling.
Great to hear the law explained, but also the asides from individuals.
On the one hand it’s reassuring the law is the law. On the other orgs are so captured and entrenched and one of the Panel mentioned that on Blue Sky, in their little echo chamber, everyone is saying it’s not the law At All! And eg on Linked In many many lawyers are misinterpreting / misrepresenting so the TRAs have stirred up so much chatter they have made something that is very simple, become deliberately misinterpreted/confusing, when its utterly clear.
There was a lot and I mean a lot of talk/questions re toilets, but nothing specifically that related to schools/children. However a great reference point. Good Luck.

Beautifully crafted letters. Especially the first one - utter clarity about the harms.

Further update from headteacher:

"Thank you for your two further emails dated 15 May. The school is in the process of taking further advice on your two emails dated 8 May 2025 and will respond by 22 May, ie within 14 days. We do not consider that this is unreasonable given the complexity of the issues involved. In addition the school notes that the EHRC has announced that it is launching its consultation on the revised Code of Practice on Monday 19 May 2025 and it seems apposite that the school should have sight of this before sending a substantive response.

Regarding your request that your email regarding your stage 2 complaint is circulated to the entire governing body. I’m afraid this is not possible as the school will need to have a sufficient number of governors who have not had any prior involvement or knowledge of your complaint to sit on the stage 2 complaints panel. This is set out in the school’s complaints policy.

Yours sincerely"

The LADO email has already gone, this update from the head does not address the issues and questions listed, nor acknowledge the FOI requests.

As usual, any and all feedback very grateful received.

Glad you got a response and to me that looks positive. The 19th is today so that shouldn't take long. They are going to lose on this - we all know it and only the most addled transactivist minds still believes they can continue. I know they're stalling - but the imminent guidelines will be no help to them I'm certain.

The Head is correct about you being unable to email all the governors. I pointed out upthread that if governors have prior involvement in an investigation, then they're barred from being on a complaints panel. I know it's appears to be trying to suppress your rights to contact the governors, but it isn't. It's designed to protect due process.

The FOIs will have a separates process and I would expect you to get a response from their FOI lead.

If I were the Head at that school having received your letters and the FOIs I'd be having a serious OMG moment. It's all so detailed and clear - they know that defending this will be impossible in the light of the SC. There'll finally be some serious discussions at the top of the Council / Trust I suspect. They're going to be dragged over that golden bridge. The question is whether they admit any culpability or look to blame others.

Sit tight is my advice.

Agree with this 100%.

Agree. Looks like they are feeling the pressure and taking it seriously. Good work.
I hope your daughter is okay. My high school years were marred by sexual harassment from boys who invariably went unpunished. If they had allowed boys into our toilets and changing rooms, I would have refused to attend school. The way they are gaslighting kids to accept this is horrendous; well done for sticking up for them.

Absolutely get all this -

this has been complicated so to be clear there are now two letter chains to the school

one is the stage 2 complaint process.

the second is my request that the governors be informed by the school of the interim EHRC guidance, which I consider to be a totally separate, comms issue, even if it does cross the subject of my complaint.

the schools refusal to say that the governors have sight of the interim guidance is the problem here and one I consider to be unacceptable given the ongoing risk to girls (and boys) at the school.

Lado will be useless on this; it’s not their area.

My best advice is to work with safe schools alliance at this point.

The school will be consulting lawyers who may be following fox botherer’s grifting and moaning; the lawyers will do what ever they can to absolve the school and LEA of any responsibility. KCSiE is due to be updated imminently; they will
find loopholes which we cannot assume there will not be despite the SR.

Particularly the point to not involve governors. That’s the whole point of them.

You have enough evidence to give to safe schools who will certainly be able to provide the next steps

Honestly I’m trying but I think SSA are quite busy!