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 )

There are enough for it to be a problem IMO.

If you do a google search for things like

"school transgender policy"

"academy trust transgender policy"

Then you get results with policies that say children can use toilets to match their gender identity.

And, even if schools don't have these policies, then there is the PSHE curriculum where pupils are being taught the harmful bullshit that is "gender identity" and all that this entails - "preferred" pronouns, breast binding, regressive stereotypes, encouraging family alienation if parents are sex realists and more.

I need to respond to some messages but - this approach is used across the entirety of Brighton and every school that uses its trans inclusion toolkit. Brighton council pushed it as a standard operating procedure for trans identified kids across the country. That’s a lot of schools. This is not isolated unfortunately!

Many people have tried to reason with Brighton City Council about their and Allsorts trans toolkits, imposed on schools over the years, to no avail. I think the only way this can be stopped is legal action, perhaps judicial review, which is why I suggested J K Rowling's fund. @TangenitalContrivences might also want to speak to Transgender Trend who will know all about the situation in Brighton, if he hasn't already.

Apologies if already mentioned, @TangenitalContrivences may also find this opinion from Akua Reindorf KC, a commissioner at the EHRC, on the trans toolkit helpful. There is an updated toolkit now, but this is still thought to be defective. I expect the OP's daughter's school's policies are based on the old toolkits. Advice of Karon Monaghan KC.pdf]

My son, younger than my daughter, autistic.

was entirely flipped by All Sorts, when they came to his primary school to do an assembly. I can’t go into too many details, but those people, who I genuinely believe are trying (and failing) to do the right thing, are pushing autistic kids into gender questioning ideology by telling them trans is the answer to their feelings of not belonging.

anyway. Before I raise my blood pressure.

I do think a judicial review is the only way forward to deal with mixed sex changing rooms and toilets. I do think it will cost a lot of cash. I’ll have to look at JKRs fund as well as any other sources. I think my daughter will be out of secondary education before this finally makes a difference but I’m happy to be a pusher.

Yes. Closely aware of that work thank you. The updates to the toolkit are even worse than expected. Exist purely to try and make it legal. They still don’t. It’s shameful. But thanks.

feministmom4ever · Today 14:53

Perhaps this has already been asked, but what would happen if you made a police report?

As its Brighton, there's a real risk that the Police would take action against him.

Possible I suppose. I think with the right wording I’d be safe. The likely response is ignoring me of course.

I did a search and couldn’t see anything related to Womwns Rights Network, I recently joined & just saw this that has a detailed process for anyone wanting to complain. Just in case it’s useful to others it’s a step by step guide which I’m sure you wish had been available when you began.

It looks wild out there and getting wilder if you have daughters looks horrifying crime WRN re future despite recent ruiling!

UPDATE: response from head.

as always I appreciate your thoughts. They are many and always useful.

Thank you for your email. I have been unable to respond before now due to the half term break. You have requested a large amount of information at a time when the school is also managing GCSEs, and to manage your expectations we will not be in a position to provide a fuller response for at least a further 10 days.

As stated in our previous correspondence, having received further legal advice, we have decided that exceptionally a governors’ panel is not the proper forum to deal with a complaint of this nature, which involves complex legal issues. We consider it entirely reasonable to wait for updates following the current consultation from both the Equality and Human Rights Commission (EHRC) and central Government, before considering whether any policy changes might be required.

You may be aware that the EHRC is now consulting on draft changes to the EHRC’s statutory Code of Practice, and the closing date for the consultation is 30 June. The Commission have explained in launching the consultation that this is a complex area of law, and that they will review responses received as part of the consultation, and then make necessary amendments to the draft Code of Practice. It will then be submitted to the Minister for Women and Equalities for approval and laying in Parliament, before it acquires statutory status. The Local Authority is also considering the implications of the Supreme Court judgment both generally and in respect of schools, and we therefore also wish to take any Local Authority guidance into account.

Adopting this approach will ensure that the school is able to make fully informed decisions which take advantage of all updated and relevant guidance available. In the interim we are confident the school offers suitable and safe facilities for students and the school seeks case by case advice where necessary.

Yours sincerely

It's not complex at all. Twats.

I'd be tempted to respond saying you do not understand why the school is refusing to take advantage of the most relevant and up to date guidance available, which says that they must provide single sex toilets and changing facilities in accordance with the law.

Like, it's not rocket science. No penises in the girls' changing rooms and no vaginas in the boys' changing rooms until EHRC produces its definitive guidance which says, "LOL JK humans can change sex after all!"

So in a year or so, when it's all been thought out and passed through parliament and hopefully changed a bit and rejected a few times, and hidden in a disused toilet behind a door marked 'beware of the leopard', we may possibly consider the drastic step of permitting our girls their actual rights in law.

JHC.

Does however make clear what they've been told and what many public bodies and groups are obviously going by: a belief this will not get through parliament, that it will not be allowed, that it will turn out that women and girls don't and can't have these rights after all, and boys and men can just crack on enjoying their entitlement of use, humiliation and abuse to their own ends as they've been accustomed to.

Absolute dicks. Every time they respond they push back any kind of decision to "another ten days from now".

It would seem reasonable for them to abide by a temporary policy that follows the interim guidance - which would surely be a simple change back to what they were doing before the current TWAW policy came in - while they wait for finalised guidance. In the meantime it's a clear-cut unlawful safeguarding failure. They KNOW they're forcing kids to undress in front of others of the opposite sex. It's appalling.

I haven't had much to add to this thread, but isn't it telling that they're refusing to put even "interim" measures in place in line with the interim guidance, in the event they believed it would only be temporary until the 'real thing' comes out? They can't even be bothered with the optics and the appearance of complying with the law.

Seems to me they're holding out until they're forced to, but they know its inevitable. As long as there's wiggle room to argue, they will, and they'll keep things as they are in the meantime. Like a dictator desperately clinging onto control.

The impending EHRC guidance won't help them one bit as no students at the school will have a GRC (assuming year 11 is the top year). All they need to do is look at current legislation on toilet and changing room provision in schools.

The legal definition of the PC of sex without a GRC was settled in 2022 in the first Supreme Court case that was brought by FWS.

If they want ideas on how they can support gender questioning children who don't want to use the facilities that are designated for their sex, the school could choose to use the suggestions in the relevant sections of draft Gender Questioning Children guidance. Yes, it's draft but it's still got useful ideas in it. The toilet and changing room sections were some of the better, clearest parts of that guidance.

There's no excuse for remaining unlawful on this.

Apologies if you've already said that to them in your previous correspondence. I've lost track!

TBH I was most amused by "It's GCSE time and I am so busy and tired"

Yes 😂 Just think, Head, you could have dealt with all this months ago and then it wouldn't be your problem right now in the middle of exam season 🙄

Its the undertone of how annoying and inconvenient you're being with your timing. Ignoring the fact that you wouldn't be complaining at all if they were complying...

Bonfire is right, EHRC won’t help as children cannot get a GRC.

theres no case by case basis. The ruling did not say that.

they’re continuing to break the law - I’d seek a JR now / speak to a lawyer

they’re putting you off for 6 weeks and then they don’t have to do anything for 6 weeks till sept.

I don’t think we can trust that anything the gov publish in the next three months will clearly state what the SR judgement says, as they’re likely to rely on the fact that the SR judgement is the law. They don’t need to repeat it.

IMHO we will still be having to challenge schools on a case by case basis in September and through next year.

May as well get this ball rolling

and whilst he’s tired and busy boys are accessing the single sex spaces of girls! Where is the bloody safeguarding!

it’s his bloody job ffs!!

He doesn’t say how he is protecting girls from voyeurism and their privacy in the meantime. If he won’t change the rules permanently he should change them temporarily to protect the girls. Your daughter and other girls there are minors and can’t consent to being place in this position. Does he have a policy in place for what happens if a girl makes a complaint of voyeurism, taking photos or assault ? Can he tell you what it is?

I know this is legal letter ping pong right now, but, just so you all know I have dropped this back to him now.

Dear Mr xxxx,

Thank you for your response.

I must stress that the fact it is GCSE season is immaterial. The legal obligation to safeguard all pupils, including girls and vulnerable groups, remains undiminished at all times.

Your decision to suspend the formal complaints process raises serious procedural concerns. Please state, with reference to the school’s own complaints policy, where it permits an “exceptional” suspension of Stage 2. This appears to be a policy deviation without justification.

It is not reasonable to delay action while waiting for the EHRC’s draft Code of Practice to pass through consultation and parliamentary approval. The Supreme Court has confirmed that the Equality Act 2010 protects biological sex, and the EHRC’s interim guidance—published months ago—makes it clear that schools must comply now. If, hypothetically, the EHRC took a radically different stance (which they will not), it would require primary legislation to alter the definition of sex in law. That is not happening.

Ten days to respond to an urgent and ongoing safeguarding concern—where pupils’ dignity, safety, and legal rights are being breached daily—is both negligent and shameful. No reasonable safeguarding professional would consider this an acceptable timeframe when harm is known to be occurring now.

I remind you—and the governing body, who I trust will see this letter—that you are legally responsible for current decisions. If your school insurance excludes liability for unlawful policies, that liability may be personal. Continuing with a mixed-sex changing policy that contradicts statutory regulations and guidance is a serious governance risk.

The law here is not complex. It is exceptionally clear: sex is binary, immutable, and relevant. The School Premises (England) Regulations 2012 mandate single-sex toilets for pupils over 8 and single-sex changing for those over 11. The EHRC has reinforced that trans-identification does not override these provisions. This is settled law. The EHRC is not going to reverse itself and say that schools may allow boys into girls’ changing rooms.

Your approach—to “wait and see”—is not acceptable while harm is already occurring. This includes:

• Breaches of girls’ privacy and dignity;
• Increased risk of voyeurism, sexual harassment, and coercive exposure;
• Violation of the rights of girls with religious modesty obligations;
• Emotional harm to all pupils being drawn into adult political ideologies in a safeguarding context.

Your statement that “the school offers suitable and safe facilities” is directly contradicted by your policy of case-by-case mixed-sex access. Such an approach is not compliant with the EHRC guidance, is legally unlawful under the 2012 regulations, and fundamentally unsafe.

As you are aware, I have submitted FOI requests regarding both your legal advice and risk assessments. The latter is especially concerning, given that the school has admitted no assessment was done before adopting a policy allowing male access to female spaces. That is not just dangerous—it is negligent.

In parallel, I will now be contacting the Equality and Human Rights Commission directly to escalate my concerns regarding the school’s ongoing breach of legal obligations and EHRC interim guidance.

I end with a simple question: Where is the safeguarding?
How can you claim to be protecting girls, while knowingly permitting biological males into female changing spaces against law, guidance, and the interests of every girl under your care?

Yours sincerely,
xxxxx

So.

ping pong aside.

What steps would you all take? I am speaking to a solicitor from safe schools alliance

I am also in contact with two journalists who may cover this

I will write to the EHRC, but they will be mad busy and it will take ages.

Ultimately these letters are always to get receipts, I will be able to FOI the internal conversations and I will do. I think people should lose their careers over enabling so much harm.

Suggestions?