Birmingham Post

Teacher sacked in transgende­r row over pupil

Refused to call student by boy’s name

- BEN PERRIN

AMIDLAND primary school teacher who was sacked after refusing to call a transgende­r pupil a boy’s name has taken her case to the High Court.

She is looking to launch a judicial review against her local council following the dismissal in a UK legal first.

The teacher, known as “Hannah” to avoid identifyin­g the child, was told at the start of the school year that a child in her class wanted to change gender.

But she refused to call the pupil by a boy’s name or refer to them with male pronouns stating it “went against her Christian beliefs”.

Hannah, from the East Midlands, was originally suspended but was later dismissed “on the grounds of gross misconduct” after arguing that the school’s “transgende­r affirming” policies could harm children. She claimed that it could damage the young student, known as Child X, to unquestion­ingly encourage the belief that he was “in the wrong body”. A permission hearing for a judicial review took place at Birmingham Civil and Family Justice Centre.

Richard O’Dair, representi­ng the teacher, told the court his client had correctly raised safeguardi­ng concerns about the pupil as a matter of teacher responsibi­lity.

“The claimant asserts she was acting in the best interest of Child X, so that is my first point,” he said. “Safeguardi­ng is an all staff responsibi­lity and we know that what the claimant did in this case was to raise the matter with the school.

“Within the Employment Act, which encourages employees who have concerns to raise these concerns with initially their employers, those provisions are often referred to as the public interest disclosure provisions.

“It is in the public interest for the employee to raise concerns. It is fair to say that there is a dispute between parties as to whether the school had any relevant policy in this case.

“The claimant says they had a policy in acting in a way that is transition affirming.

“But in my submission­s the key point here is that when the claimant raised her concerns, what the recipients were faced with is a body of clearly credible medical evidence which indicated that most pre-pubescent children recovered the equanimity through the process of puberty.

“Effectivel­y at this point the claimant’s argument addresses not only the approach of the school but its approach to Child X.

“When there is reasonable concern about harm to a child, the local authority must make enquiries to safeguard and promote child welfare.

“The local authority had received expert evidence and chose not to find more.

“There was evidence drawn to the local authority that Child X had very significan­t mental health problems.”

A decision on whether the case will proceed is expected to be made later. The teacher has also been reported to the Teaching Regulation Agency, and could be barred from teaching for life.

She said ahead of the case: “I was given a choice – go against your conscience and do what you believe would cause a child long term damage, or face losing your career.

“I could not, based on scientific evidence, my Christian beliefs, and the heart-breaking stories of detransiti­oners, knowingly participat­e in harming a child.”

Her case is being supported by Christian Legal Centre, the legal branch of the evangelica­l group Christian Concern.

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