William Eichler 15 April 2024

Toolkit to support gender-questioning children 'unlawful'

Toolkit to support gender-questioning children unlawful image
Image: Veja / Shutterstock.com.

A ‘toolkit’ used by many schools in England and Wales to support gender-questioning children is unlawful, according to a leading equality and human rights barrister.

The toolkit, introduced by Brighton and Hove City Council in 2021, says schools should ‘respect’ a child’s request to change their name and pronoun, as well as other changes such as switching to wearing trousers or a skirt.

It emphasises that schools ‘will want to involve parents and carers in discussions’ and should adopt a ‘watch and wait’ policy when a young person first comes out to a teacher.

However, a legal opinion by Karon Monaghan of Matrix Chambers has concluded that schools and councils using the toolkit are likely to be in breach of equality and human rights legislation and could be sued.

Ms Monaghan warned that the toolkit fails to address the position of pupils and members of staff who hold ‘particular religious or philosophical beliefs, including “gender critical beliefs”’.

She also found that it gives a misleading account of the law on single sex spaces and the law on freedom of belief and expression.

‘A school that implements the guidance in the Toolkit is very likely to act unlawfully in the respects set out above,’ she concludes.

‘Further, the Toolkit encourages and sanctions such unlawful conduct and/or misdirects schools as to their legal obligations and as such and to this extent, it is itself unlawful.’

Cllr Lucy Helliwell, co-chair Children, Families and Schools Committee, said: 'We know from local and national evidence that gender-questioning young people experience bullying, and are more at risk of developing mental health problems than other young people.

'We authored the Trans Inclusion Schools Toolkit with the input of partners in the city to support schools, teachers, gender-questioning young people and their parents and carers on a case by case basis.

'We’ve regularly reviewed and updated this guidance in line with legislation since the first version was produced in 2013, with the current version published in 2021. Our plan is to review the guidance again with expert legal advice following the publication of the Cass review last week.'

The Cass Review is an independent review of gender identity services for children and young people.

SIGN UP
For your free daily news bulletin
Highways jobs

Clerical Officer Receptionist

Durham County Council
Grade 3 £25,185 - £25,989 pro rata
We have an exciting opportunity for a temporary part-time Clerical Officer/Receptionist to join our dedicated team within Business Services.   WHAT Stanley
Recuriter: Durham County Council

Administration Assistant

Durham County Council
Grade 4 £25,583 - £26,824
Are you organised, proactive and great with people? We’re looking for a motivated Administration Assistant to join our Business Support Team on a 12- Durham
Recuriter: Durham County Council

Maths Teacher

Durham County Council
£ 32,916 - £ 51,048
Teacher of Maths MPS1 – UPR3 £ 32,916 - £ 51,048 Permanent, full time Required to start 1st September 2026.   The Woodlands Maples Team is seeking to Ferryhill
Recuriter: Durham County Council

Integrated Management Systems Officer

Durham County Council
£35,412 - £39,152
An opportunity in Highways Services for a Integrated  Management Systems Officer       WHAT IS INVOLVED? You’ll be responsible for managing and improv Durham
Recuriter: Durham County Council

Social Work Assistant

Durham County Council
Grade 6 - £28,142 - £31,022
The Team provides an effective and efficient Assessment and Care Management service to adults 18 years and over with a physical disability, older peop Spennymoor
Recuriter: Durham County Council
Linkedin Banner