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

Assistant Director Housing

North Yorkshire Council
£111,533 to £119,774 plus relocation support
Housing is one of the most high profile and closely scrutinised areas in local government Northallerton, North Yorkshire
Recuriter: North Yorkshire Council

Director of Legal & Governance (Monitoring Officer)

Hampshire and the Solent Combined Authority
Up to £118,000
The Hampshire & Solent Combined County Authority is being established at pace, bringing together a uniquely complex geography and economy. Hampshire / Hybrid
Recuriter: Hampshire and the Solent Combined Authority

Executive Director of Finance (Section 73 Officer)

Hampshire and the Solent Combined Authority
Up to £150,000
As our first Executive Director of Finance and statutory Section 73 Officer, you will build the financial architecture that makes this possible. Hampshire / Hybrid
Recuriter: Hampshire and the Solent Combined Authority

Managing Director

South London Legal Partnership
circa £140,000
The continued success of South London Legal Partnership (SLLP) is rooted in our shared commitment. London (South), London (Greater)
Recuriter: South London Legal Partnership

Assistant Director

Gloucestershire County Council
£85,838 pa to £94,585 pa
Gloucestershire County Council is seeking a forward-thinking, highly credible senior leader. Gloucestershire
Recuriter: Gloucestershire County Council
Linkedin Banner