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 )

Assuming your email has been sent or is by Monday morning, I suggest you think about a time to expect a response. Do you have any indication when the next time the said boy will be given (or not) access to the girl's changing rooms?

This is not something to wait 14 days (or 10 working days as some might refer to it) for a response.

Re an allegation about the Head - if someone was unable to contact the Chair of Governors, the local authority LADO (Local Authority Designated Officer) (who will be involved in all of these allegations) would ensure that the Chair of Govs was contacted.
Not trying to derail the thread but it's not always sinister that governor email addresses are kept private. Keeping boundaries clear between processes (school complaints and complaints to governors) is important. I've known of lots of incidents where governors have had to recuse themselves from complaint investigations because of their prior knowledge / involvement.

I’ve got a several round discussion with the clerk of governors refusing to give me access or forward my emails to the governors.

At this point I would just report them to Ofsted.

I would also report to LADO that the school is forcing girls to undress in front of a boy. This is an utter safeguarding fail by professionals.

Put it this way, if a female child came home in any other circumstance and said 'Teacher A made me get undressed in front of a boy', it would be an immediate LADO if not police issue.

I know you know this. i am outraged on your behalf.

I don’t disagree at all. But. All Brighton schools and a lot more besides are doing this.

this is not a one off school. Not at all.

I think I will. Maybe I should give them 24 hours from 12pm Monday, or just do it regardless.

Sorry if this has been mentioned but is it worth contacting your MP?

I hear you. It's horrendous. However, I would report to LADO anyway. You are right and any paper trail is good. Once you report, they have to respond and either way, you then have receipts.

Do it, keep reiterating the immediate issue that this is girls being forced to change in front of boys by teaching staff. Don't get bogged down with legislation stuff in the first instance. Be as stark as you can about the safeguarding risk, and the impact on your daughter.

Again, as above, yes do this now. This is absolutely an Ofsted matter.

Yeah mine is…. sian berry…… this is all their fault.

Sian Berry... at best, she'll ignore you, at worst, send the Goon Squad!

This needs to be reported to Ofsted

Jeez. Yes, I would agree then - Ofsted. If you cannot get in touch with the governors, that is a HUGE issue.

Don't know if this helps but apparently governors should publish minutes, retracting any sensitive information. So you should be able to see how this has been presented to them.

https://schoolgovernors.thekeysupport.com/the-governing-body/meetings/minutes/publishing-governing-body-minutes-online-data-protection/

Edited for stupid typos.

Just had to add my support to your excellent work and tenacity over this. Is the Headteacher planning to retire/leave over the summer perhaps? It feels like they are just kicking it into the long grass for someone else to sort out.

I feel sure you won't let them do this!

@TangenitalContrivences apologies as you’ve probably already seen this document, I know it’s a draft / non statutory document but seeing as this guidance for schools dealing with gender questioning children was published pre SCJ, it’s utterly ridiculous that the governors feel they need to “ wait” longer https://consult.education.gov.uk/equalities-political-impartiality-anti-bullying-team/gender-questioning-children-proposed-guidance/supporting_documents/Gender%20Questioning%20Children%20%20nonstatutory%20guidance.pdf The pages around toilet and changing facilities being single sex only ( pg. 14/15) are incredibly clearly written .

“6.4 Single-Sex Spaces
Schools must always protect single-sex spaces with regard to toilets, showers and changing rooms, as set out below. Responding to a request to support any degree of social transition must not include allowing access to these spaces. As a default, all children should use the toilets, showers and changing facilities designated for their biological sex unless it will cause distress for them to do so. In these instances, schools and colleges should seek to find alternative arrangements, while continuing to ensure spaces are single-sex.
The School Premises (England) Regulations 2012 and the Education (Independent School Standards) Regulations 2014 impose statutory requirements for both maintained and independent schools to provide sex-separated toilets for pupils aged eight or over (apart from individual toilets in fully enclosed rooms), and suitable changing accommodation and showers for pupils who are aged 11 years or over at the start of the school year.
6.41 Toilets
Schools are required to comply with minimum standards, including that separate toilets for boys and girls aged 8 years and over are to be provided. While colleges are not subject to the same legal requirements, they should take the same approach given the same safeguarding considerations apply. Boys must not be allowed to go into the girls' toilets (and vice versa) in order to protect all children, particularly girls.
If a child does not want to use the toilet designated for their biological sex, and the school or college has considered all the relevant factors outlined above, they may wish to consider whether they can provide or offer the use of an alternative toilet facility. This should be secured from the inside and for use by one child at a time, including for hand washing. These alternative arrangements should not compromise the safety, comfort, privacy or dignity of the child, or of other pupils.
6.42 Changing Rooms and Showers
Schools have a statutory duty to have suitable washing and changing facilities for pupils aged 11 years and over. 3 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.
If a child does not want to use the changing rooms and showers designated for their biological sex, and the school or college has considered all the relevant factors outlined above, they may wish to consider whether they can provide or offer the use of an alternative changing or washing facility, while continuing to ensure spaces are single-sex.
This could mean a facility intended for use by one child at a time that can be secured from the inside. This alternative facility would not be suitable if access to it were through a changing room being used by the other sex. Schools and colleges could consider allowing access to facilities at an alternative time.”

whilst draft, it’s specifically referred for use and guidance to in kcsie. As a should not a must but it’s a statutory should. Apart from anything, it’s setting out the law as is already. As we’ve seen with the SR.

however it seems that many schools (and indeed their lawyers) say it’s draft so doesn’t count.

Must say, since the SR was clarified (as being the law the whole time) that does not sound like it needs to change.

and the complete opposite to what RMW was arguing on WH today.

Britain's largest teaching union says trans women MUST be allowed to use ladies' toilets in schools - despite Supreme Court ruling

https://www.dailymail.co.uk/news/article-14700723/Teaching-union-Supreme-Court-gender-trans-toilets.html#comments-14700723

🙄

Any education lawyers or similar amongst parent body? Any lawyer know if there’s any possibility of seeking/ getting an injunction against school requiring female to change in same place as male pupil / ignoring the law or a declarator of some sort?!

I agree you have more than enough grounds to go to Ofsted and potentially also LADO now.

1 - the school is not following their complaint procedure but are delaying based on a very flimsy reasons (a hope that the EHRC will change their guidance, even though their guidance on schools is pretty clear right now) which you do not agree with and do not consent to.
2 - the school has clearly stated they will continue breaking existing law
3 - this means girls will continue to be forced to get undressed in front of male pupils so is an immediate safeguarding concern
4 - in addition you have not had confirmation that your safeguarding concerns have been passed on to governors by the clerk who appears to be gatekeeping

@TangenitalContrivences the school are definitely on the wrong side of the legal argument and since the Cass report I am again perplexed as to why they are holding onto this view ,as it could be argued they are failing in their care to the trans pupils themselves never mind all the other pupils , there is a legal opinion published by Karon Monaghan QC about the Brighton took kit which I have attached here content.doyleclayton.co.uk/hubfs/Advice%20of%20Karon%20Monaghan%20KC.pdf