Court challenge threat on gender swap schoolkids Charity anger over advice not to tell parents
Craig McDonald The Scottish Government could face a new legal challenge over the right of parents to know if their child wants to change gender.
Cou r t a c t i on is being threatened by the pressure group who spearheaded the campaign to over turn the named person legislation.
Lawyers representing The Christian Institute have written to the Government to express “signif icant concerns” about advice published last year.
They say the the document, called Supporting Transgender Young People, advises teachers not to tell parents if their child changes gender in school unless they have the pupil’s permission.
Teachers are also advised to inform local authorities of parents who “struggle” with their child’s transgender identity.
The guidelines were produced by LGBT Youth Scotland, funded by the Scottish Government, and advise that schoolkids “should be supported to explore and express their identity regardless of their age”.
The CI, a charity, claim the document also says parents should not be told if their chi ldren are sharing rooms with transgender pupils. Their letter, from law firm Balfour & Manson, contains detailed objections to the guidance, claiming “teachers and schools will be misled into thinking that equality law gives absolute rights to transgender people to the exclusion of the rights of other service users”.
It adds that the guidance contains “key errors in relation to the operation of the Equality Act”, has given no regard to the rights of parents and raises possible questions over compatibility with the Human Rights Act 1998.
The charity also insist the guidance, issued to all teachers, “does not adequately address the privacy rights of staff and other learners in schools where trans- pupils are seeking to express their gender identity”.
The letter calls on the Scottish Government to withdraw their endorsement of the guidance “pending further consideration of these issues”.
The CI warn of a possible court challenge. They used the process to defeat the Scottish Government on the named person issue which went to the UK Supreme Court.
CI deputy director Ciaran Kelly said: “It beggars belief that the Scottish Government have authorised a state- funded campaign group to dictate to teachers what their obligations are and strip parents of their responsibilities.
“Such a blinkered approach to gender confusion has to end.”
A Government spokeswoman said: “We recognise the particular disadvantage experienced by trans people across many walks of life and are supportive of all measures to increase inclusion in schools for pupils and staff alike.
“Scotland is recognised as one of the most progressive countries in Europe on LGBTI rights, and it’s paramount we continue efforts to tackle all forms of prejudice, including any linked to gender identity.”