Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

comment

If schools press ahead with new trans guidelines, they will never work

Not only that, plans to segregate trans pupils would be unlawful, writes barrister Robin Moira White. So what are they thinking?

Tuesday 28 November 2023 18:29 GMT
Comments
‘Transgender pupils are being marched to the front line in the so-called culture wars,’ writes White
‘Transgender pupils are being marched to the front line in the so-called culture wars,’ writes White (Getty Images)

New guidance for schools on trans children will be published next week. Reports suggest that the government has stepped back from an outright ban, but transition at school will require parental consent. Trans children will not be allowed to play sports or use toilets with their correct gender class and, worst of all, teachers with a personal objection will be permitted to misgender children.

Over many months, it appears that the trans-hostile equalities minister Kemi Badenoch (a true oxymoron, that) has been trying to get trans-hostile guidance past her ministerial colleagues. I imagine her real obstacle has been the government law officers who, strangely enough, have not found writing lawful discriminatory guidance easy. Apparently, this difficulty has been circumvented because the soon-to-be-published “guidance” is only to be put out for consultation – and so does not require legal approval.

As a barrister, I can tell you immediately that if the guidance is indeed as suggested, it would be unlawful.

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in