Schools in England and Wales using ‘gender toolkit’ risk being sued by parents
by Anna Fazackerley, Guardian:
Leading barrister warns that the kit – used to support gender-questioning children – is likely to be in breach of equality laws and could violate pupils’ rights.
Schools in England and Wales have been warned by one of the country’s leading equality and human rights barristers that the “toolkit” many of them use to support gender-questioning children is unlawful.
The toolkit, introduced by Brighton and Hove council in 2021 and subsequently replicated by a number of other local authorities, says schools should “respect” a child’s request to change their name and pronoun as a “pivotal” part of supporting their identity, 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 recommends a “watch and wait” policy when a young person first comes out to a “trusted” teacher, not pushing them in any particular direction.
But a legal opinion by Karon Monaghan of Matrix Chambers concludes that schools and councils using the toolkit are very likely to be in breach of equality and human rights legislation, and at risk of being sued by unhappy parents.
She argues that the Equality Act affords protection not only to trans-identified young people, but also to those who are gender-critical. Requiring everyone in school to use a child’s chosen pronouns would, she said, “be in direct conflict” with the beliefs of staff and children who are gender-critical, and might “violate their rights”.
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