Draft response to the headteachers email received today:
Subject: Re: Response to EHRC and Supreme Court Compliance Email
Dear xxx,
Thank you for your reply of 17 May 2025.
I am writing to clarify that your response is not an acceptable or legally sufficient reply to the serious safeguarding and compliance concerns I raised in my message of 8 May, titled “Immediate Update Required Following Interim Guidance on Supreme Court Ruling.” I must now respond to your points one by one.
1. Delay is Legally Unjustifiable
You state that the school will respond by 22 May and that this is not unreasonable. I strongly disagree.
You are already in possession of:
- The UK Supreme Court judgment, which is binding law.
- The EHRC interim update (April 2025), which accurately reflects the practical implications of that law.
There is no legal ambiguity that warrants a delay. Safeguarding obligations under the Equality Act, KCSIE, and the School Premises (England) Regulations 2012 apply immediately — not once the Code of Practice is finalised in two months.
2. The Law Is Already Settled
You wrote:
“It is important to be clear about the status of the publication from the EHRC; it is an update and does not purport to be formal guidance. It does not therefore have binding effect…”
This is a mischaracterisation of how equality law operates. The binding legal authority is the Supreme Court judgment, not the EHRC. The EHRC interim guidance is not what gives the law its force — it explains what the law already isfollowing that judgment.
To repeat: schools are bound by the Supreme Court’s clarification that the word “sex” in the Equality Act means biological sex, not gender identity. Continuing to act otherwise is knowingly non-compliant.
3. Safeguarding Cannot Be Deferred
Delaying action until late June places children at continued, avoidable risk. If a school knowingly allows male pupils into female changing rooms (or vice versa), it increases the risk of:
- Sexual harassment or assault
- Emotional trauma to pupils
- Peer-on-peer abuse, which Ofsted has explicitly said schools must assume is happening even in the absence of reports
These are not abstract risks. These are active safeguarding exposures, for which you, your Designated Safeguarding Lead, and the Governors are responsible.
4. Equality Act Breaches Are Ongoing
As a reminder:
- The Equality Act 2010 requires schools to provide separate changing facilities for male and female pupils aged 11+.
- Indirect discrimination applies where a policy (e.g. mixed-sex changing) disadvantages a group (e.g. females or those of particular faiths).
- There is no lawful basis for ignoring these protections “case by case” on the basis of self-declared gender identity.
The “case-by-case” approach, as applied by xxxx, is legally incompatible with the statutory definition of sex and the EHRC’s interim position.
5. Governors Must Be Fully Informed
You previously stated that my EHRC-related correspondence cannot be shared with the full Governing Body because of complaints process impartiality. I again object in the strongest terms.
My 8 May email was not a complaint. It was a request that the school leadership act immediately to comply with national safeguarding and equality law. There is no legitimate reason why the Chair of Governors, Vice Chair, Safeguarding Governor, and senior leadership should not have had sight of it.
Accordingly, please now confirm:
- Whether the Governing Body has been informed of the EHRC interim guidance via the clerk or online governor services.
- Whether all senior safeguarding staff are aware of their current legal duties in light of the Supreme Court ruling.
If you are intentionally shielding the governing body from their legal duties and the EHRC’s summary of the law, that may itself be grounds for regulatory action.
6. Insurers and Legal Risk
You have still not responded to my direct question:
Have you notified your insurers that xxxx School is knowingly continuing with a case-by-case approach that no longer complies with the Equality Act?
Given the personal liability that could arise in the event of a serious safeguarding incident, I urge you again to seek legal advice and disclose the school’s current position to your insurers immediately.
7. Request for Immediate Policy Change
While you are considering my concerns in the light of the forthcoming EHRC consultation, I refer you again to the Supreme Court judgment and the interim EHRC guidance. The Equality Act has been law since 2010, and therefore xxx School has, knowingly or otherwise, been breaching the law — and safeguarding good practice — for some time.
I now request written confirmation that:
- From this day forward, no pupil of either sex will be allowed to undress or share a changing space or toilet with a pupil of the opposite sex.
This is a basic safeguarding minimum, and it should not require months of consultation to uphold.
8. Outstanding Legal Compliance Questions
Please also provide written responses to the following:
- Will the school now formally withdraw its “case-by-case” policy?
- Will you provide copies of any risk assessments related to these policies?
- Will you confirm that your current practices now align with the statutory duties under the Equality Act, School Premises Regulations, and KCSIE?
- Will you formally retract the claim that the EHRC interim update is not applicable until the Code of Practice is updated?
9. Escalation Notice
This issue is being formally escalated to the Local Authority Designated Officer (LADO) and to Ofsted. The decision by xxx School to prioritise adult political ideology over statutory child safeguarding responsibilities is indefensible and must be reviewed by external bodies.
Summary
To conclude, I again reiterate that the law is now clear, the safeguarding duties are active, and any further delay is wholly unacceptable. I require a full written response and assurance that the actions requested in my 8 May email are being taken immediately.
This correspondence will form part of the public record and is subject to future disclosure under the Freedom of Information Act and other relevant statutes.
I look forward to your reply.
Kind regards,
xxxx
Father of two pupils at xxxx School