Trans policies being implemented in schools across England and Wales could be illegal, a leading lawyer has warned.
Schools in England and Wales have been told that the “toolkit” many of them use to support gender-questioning children is unlawful.
The toolkit, which was introduced by Brighton & Hove Council in 2021, is being wheeled out across local authorities.
It claims schools should “respect” a child’s request to change their name and pronoun as a “pivotal” part of supporting their identity.
Young student at front of class
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The toolkit also supports other changes, including switching to wearing trousers or a skirt.
Karon Monaghan from Matrix Chambers concluded schools and councils who use toolkit are very likely to be in breach of equality and human rights legislation.
The situation could result in unhappy parents opting to sue.
The Equality Act affords protection to both trans-identified young people and also to those who are gender-critical.
Monaghan said: “There is a worrying lack of appropriate guidance on safeguarding in the toolkit.
"There is an emphasis on supporting children through social transition without highlighting any of the risks that may be associated with that.
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GETTY“As the interim report of the Cass review stated, this may not be thought of as an intervention or treatment, because it is not something that happens within health services.
“However, it is important to view it as an active intervention because it may have significant effects on the child or young person in terms of their psychological functioning.
“It anticipates that trans-identified children will access single-sex toilets, changing rooms and residential accommodation designated for children of the opposite sex.
“These are key milestones in social transitioning and there is no guidance on establishing the appropriateness of these steps, or any indication that external support from a clinician should be sought first.
“And nor is there any recognition or understanding of the best interests and welfare of the child who may be psychologically impacted by social transition.”
However, Councillor Lucy Helliwell, co-chair of Brighton’s children, families and schools committee, responded by saying: “Our Trans Inclusion Schools Toolkit has been developed in order to support schools, teachers, gender-questioning young people and their parents on a case-by-case basis.
Rear view of teenage girls and boys learning in classroomGETTY“As a local authority that works to ensure all our children and young people live happy, safe and positive lives, we’ll always be committed to providing support that protects and promotes their welfare.”
Questions about the policy come after the Cass review concluded children and young people had been let down by a lack of research and “no good evidence” on the long-term outcomes of medical interventions to manage gender-related distress.
A spokesperson for the Department for Education said: “It is unacceptable for parents to be excluded from decisions regarding their children.
“Our draft guidance reflects the law, which schools have a duty to follow.
“The guidance already reflects the principles from the final Cass review, making clear that social transition should be extremely rare and any steps towards social transition should be incredibly cautious, taking account of available clinical evidence and any special educational needs, and prioritising parents’ wishes.”