UK Edition
Teenage girl launches judicial review against guidance which says she must share lavatories with trans girls
Oxfordshire County Council’s ‘Trans Inclusion Toolkit for Schools’ is seriously flawed and poses a risk to children according to campaigners
A teenage girl has applied for judicial review over official school guidance that says she should share changing rooms, lavatories and residential dormitories with trans girls, in the first legal action of its kind.
The 13-year-old, known only as Miss A, says that Oxfordshire County Council’s ‘Trans Inclusion Toolkit for Schools 2019’ is seriously flawed and poses a risk to children.
Despite the council reviewing the guidance, Miss A and her mother felt that their concerns were not addressed so are applying to take them to court so that “the toolkit be quashed either in whole or in part.”
The council’s guidance to more than 300 schools in Oxfordshire says: “Children and young people are supported through the Equality Act 2010 to access the toilet that corresponds to their gender identity; so trans girls because they are girls, can use the girls’ toilets and trans boys the boys’ toilets.
“Single gender toilets can cause issues for children or young people who do not identify with a gender binary such as boy/girl.”
In relation to changing rooms, it says: “In all cases, trans children and young people should have access to the changing room that corresponds to their gender identity.”
And when the children are on residential trips: “As far as possible, trans children and young people should be able to sleep in dorms appropriate to their gender identity.”
But the guidance has been described as “in direct opposition to all safeguarding protocols” by the Safe Schools Alliance, a parent teacher group who are supporting the legal action.
Tanya Carter, spokeswoman for SSA, said: “This guidance fails to take into account all protected characteristics of the Equality Act 2010, and will see schools and other educational settings being compelled to allow male pupils to share changing rooms, toilets and dorm rooms on residential trips with female pupils - without parents’ knowledge or permission.
“It also allows males to take part in sports alongside females. This is in direct opposition to all safeguarding protocols which recommend that single sex provision should be made for children over the age of eight when sleeping, using toilets and changing, and that contact sports should be segregated after puberty for safety reasons.
“The physical, mental and emotional wellbeing of children is absolutely paramount. A collaborative approach with schools is essential to ensure a safe and supportive environment for children, and we do not believe this guidance went through the correct consultation process.”
The teenager who brought the action said: “The toolkit has a very significant impact on me as a girl. I am very surprised that the council never asked the opinion of girls in Oxfordshire about what we thought before they published the toolkit.
Under these guidelines I have no right to privacy from the opposite sex in changing rooms, loos or on residential trips. Sports could end up being unsafe as I am a really small teenage girl and boys are bigger than girls. This guidance could be used in any educational establishment in Oxfordshire, which possibly includes sports clubs.”
“The guidance makes me feel that my desire for privacy, dignity, safety and respect is wrong.
It makes me feel sad, powerless and confused.”
Paul Conrathe, Human Rights Solicitor from Sinclairslaw said: “This toolkit significantly mistakes the law whilst purporting to offer best practice guidance to educational settings. Boys who identify as girls are not legally able to access safe and private spaces used by girls.
“Gender identity is not protected under the Equality Act. This toolkit raises significant safeguarding concerns for children.
“We will now commence proceedings in the High Court for an order setting aside the toolkit and declaring it unlawful.”
Oxfordshire County Council were contacted for comment, but did not respond. Last month the council said it "utterly refutes" suggestions it was putting children at risk.