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Feminism: Sex and gender discussions

Concerns about EHRC schools guidance on sex and trans-identifying provisions

0 replies

Whatchamacallitt · 09/07/2026 18:30

Some concerning aspects in this. I have copied all the relevant passages below and you can find the whole document here. I've bolded the bits I find concerning.

In particular - the idea that mandated pronouns could be possible, that a single sex school could admit a member of the opposite sex, that special exceptions should be allowed to uniform policies, that it could be discrimination to instruct a trans-identifying boy to use the boy's changing room, that 'LGBT' students should be able to receive mentorship (from who? Is this not a safeguarding concern), that 'LGBT' speakers could be invited to a school, and the suggestion that it could be inappropriate for a child to be accommodated with others of their actual sex.

There is some good stuff about protecting single sex spaces and sports but a lot of this seems like TRA overreach, with major consequences for free speech and safeguarding.

3.122 A member of school staff repeatedly tells a trans pupil that ‘he’ should not dress like a girl and that ‘he’ looks silly, which causes the pupil great distress. This would not be covered by the harassment provisions, because it is related to gender reassignment. However, it could constitute discrimination on the grounds of gender reassignment, as well as potentially being a disciplinary matter for the teacher.

3.123 Schools should consider adopting a policy to make clear to both staff and pupils how to address a trans pupil. The policy should respect the rights of both trans pupils and others, including staff members and pupils whose beliefs either align or conflict with adopting the preferred pronoun of a trans pupil.

3.124 It is likely such a policy will provide that, where a decision has been taken by the school to permit a pupil to adopt a preferred pronoun, teachers and others will be expected not to act contrary to that decision. Where beliefs are affected, practical solutions may often be available to respect the rights of all, while following the policy, such as avoiding the direct use of a pronoun.

4.70 A boys’ school admits a trans boy pupil. The admission is in line with the school’s policy for exceptional admissions. This is lawful under schedule 11, paragraph 1(3)(a) of the Act because the admission is exceptional and in line with the school’s own policy. However, the school must ensure that appropriate facilities can be made available which are suitable for the pupil’s sex.
The same school refuses to admit a female pupil who does not meet the criteria in the school’s policy for exceptional admissions. This is lawful under the Act.

5.20 A school requires all pupils of the same sex to follow a uniform policy where girls wear skirts and boys wear trousers. The policy may put a pupil with the protected characteristic of gender reassignment at a disadvantage. This may amount to indirect discrimination. The policy is unlikely to be justified if it is applied in every case and does not allow consideration of whether it is proportionate to treat a trans pupil in this way.

The school may need to alter the uniform policy either to allow for exceptions to the policy or to include a gender-neutral uniform option.

The school should also consider whether its uniform policy may disadvantage pupils with other protected characteristics. Often a gender-neutral uniform option will avoid this risk.

5.71 A secondary school is considering how to provide appropriate changing facilities for a trans pupil who identifies as a girl. The school must provide single-sex changing facilities and showers for children who do physical education at the school. It is therefore not permissible to allow the pupil to use the girls’ changing room. The school decides that the pupil must use the boys’ changing room. This is unlikely to be justified and so is likely to be unlawful indirect gender reassignment discrimination. A suitable alternative might be to allow the pupil access to a single-user, lockable changing room, which might be a staff changing room or a mixed-sex accessible bathroom.

6.20 The pupil’s brother tries to set up a support group for trans pupils to show his support for his sibling. The school gives the brother a detention because it says the brother is being insubordinate and is criticising the school’s decision. This may be direct gender reassignment discrimination (by association), even though the pupil himself is not intending to undergo gender reassignment

8.37 A secondary school has lesbian, gay, bisexual and transgender (LGBT) pupils and pupils whose parents are LGBT. The school wants to ensure that any barriers to learning that these pupils are facing, connected to those protected characteristics, are solved by appropriate measures. The school decides to run a small consultation group with the pupils, which is facilitated with the help of a local LGBT charity, to understand their needs better.

The group reports several barriers affecting these pupils’ full participation in school life. These include homophobic and transphobic bullying, which is contributing to underachievement, school anxiety and avoidance, and which is putting some pupils at risk of dropping out.

The group make several suggestions for activities to address these barriers, alongside a whole-school approach to tackling homophobic and transphobic bullying.

This includes inviting external speakers who are LGBT role models and running various activities for LGBT history month. These steps do not involve less favourable treatment of any group sharing another protected characteristic, so such actions would be lawful without having to rely on the positive action provisions within the Act.

The group also suggests setting up a special mentor programme for LGBT pupils and offering LGBT pupils a chance to meet with other pupils who are tackling homophobia and transphobia in their schools. While this involves more favourable treatment of LGBT pupils, it is likely to be a proportionate means of achieving the school’s aims. This means it would be lawful under the Act’s positive action provisions.

10.34 In accordance with the Education (School Premises) Regulations 1999, in relation to pupils aged 8 and over, a trans pupil cannot board in the same room as pupils of the opposite sex.

10.35 In some circumstances, it may also not be appropriate for a trans pupil to board with pupils of the same sex, given welfare considerations that apply to all pupils. However, excluding a pupil from accommodation provided for their own sex should only be considered on a case-by-case basis where this is a proportionate means of achieving a legitimate aim (schedule 23 paragraph 3(4)).

10.36 If it was found that excluding a trans pupil was a proportionate means of achieving a legitimate aim, the school must then consider making suitable alternative arrangements to accommodate that pupil. In practice, this is likely to require additional provision of separate sleeping accommodation and toilets and shower facilities, where this is a proportionate means to achieve the legitimate aim of meeting the welfare needs of that pupil.

10.37 An independent secondary school provides boarding accommodation for male pupils in one dormitory and female pupils in a different dormitory. A trans girl pupil (who was born male) asks to move from the male dormitory to sleep in the female dormitory. The school refuses the request because of the statutory requirement for sex segregation contained in the Education (School Premises) Regulations 1999. However, to accommodate the pupil, it arranges for them to be accommodated in a single unit ‘study bedroom’. The unit has its own ensuite bathroom with a toilet and shower. This is likely to be lawful.

10.44 Under the Act, any sex-based rules or arrangements relating to participation in a specifically gender-affected activity should be applied on the basis of the sex of a person at birth. Therefore, in a gender-affected activity, trans pupils should not be included in single-sex or separate-sex competitions for the sex with which they identify.

10.45 A school can have policies that restrict participation in single or separate-sex competitions for pupils who have undergone hormonal medical treatment that affects their muscle mass or strength, if this raises a legitimate concern and is justified. For example, this might be on the grounds of safety or fairness. In practice, it is unlikely that pupils will have undergone such treatment due to their age. Therefore, trans pupils should usually be able to participate in single or separate-sex competitions with pupils of their own sex.

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