Brighton family threatens to sue council over 'classroom to clinic ...

A Brighton family has published advice from a leading lawyer which it says it will use to sue the city council unless it withdraws its advice to schools on trans issues.

The family says Brighton and Hove City Council’s Trans Inclusion Schools Toolkit has “facilitated the fast-tracking of children from the classroom to the clinic”.

Karon Monaghan KC, a leading equalities and human rights lawyer, has written a 75-page legal opinion outlining a multitude of areas in which she says the toolkit is unlawful in its potential impact on both trans and non-trans children.

The family has also written to the Equality and Human Rights Commission (EHRC) asking for a formal regulatory investigation.

Brighton and Hove City Council today said it would respond to the family’s legal letter, but would be reviewing the toolkit in light of the Cass Report on gender care for children, which was published last week.

The family say their daughter’s school socially transitioned her – e.g. used different pronouns – despite a prior agreement with the head not to do so, and claim they later found it had supported the binding of her breasts.

When they complained, they say the council relied on the toolkit to justify the school’s actions.

Ms Monaghan’s advice says: “There is an emphasis on supporting children through social transition without highlighting any of the risks that may be association with that.

“As the interim report of the Cass Review stated, social transition … is an active intervention because it may have significant effects on the child or young person in terms of their psychological functioning.”

The advice says the toolkit gives no guidance on the appropriateness of “key milestones” in social transitioning such as pronouns, accessing single-sex toilets, changing rooms and residential accommodation.

And it does not assume there will always be parental involvement in how trans identified children will be treated.

The advice also says that there is no balance of rights between gender questioning children using single sex spaces or participating in single sex sports and the rights of other children, including those who are gender critical or religious.

The family said: “For over a decade Brighton and Hove City Council has been facilitating the fast-tracking of children from the classroom to the clinic.

“An approach we now know from Dr Cass’s Review there is insufficient evidence and creates significant risk for children.

“Parental concerns were dismissed by the Leader of Brighton Council, Bella Sankey as ‘baseless smears’ a claim we now know from Karon Monaghan KC is wholly false.

“Brighton Council’s finances are in a perilous state, it has the opportunity now to do the right thing, the safest thing and withdraw the toolkit immediately or risk spending taxpayer’s money defending the indefensible in court cases from parents across the city and the country.”

Ms Sankey’s comments about “baseless smears” were in response to a question from Adrian Hart from PHSE Brighton, a group set up by people worried about PSHE (personal, social, health and economic) education in schools – an area Ms Monaghan’s advice also covers.

It asked about the influence of third party providers such as Allsorts, which co-wrote the toolkit, and concern they deliver materials which are contrary to or misrepresent the law.

Last week, Brighton and Hove City Council announced it had raised serious concerns about the government’s own draft guidance for schools in relation to gender questioning children.

In a press release published on Tuesday – the day before the Cass Report was published – it said it lacked clarity and accuracy on the law, as well as lacking “humanity and understanding” for children.

Today, Councillor Lucy Helliwell, co-chair of the Children, Families and Schools committee, said the council would be responding to the family’s letter “in due course”.

She said: “We know from local and national evidence that gender-questioning young people experience bullying, and are more at risk of developing mental health problems than other young people.

“We authored the Trans Inclusion Schools Toolkit with the input of partners in the city to support schools, teachers, gender-questioning young people and their parents and carers on a case by case basis.

“We’ve regularly reviewed and updated this guidance in line with legislation since the first version was produced in 2013, with the current version published in 2021. Our plan is to review the guidance again with expert legal advice following the publication of the Cass review last week.

“It’s important to remember this concerns the wellbeing and welfare of vulnerable young people. This wellbeing must be free from any ideological interference, which is why we are disappointed by the government’s draft gender questioning guidance for schools and colleges which fails to adequately protect the rights of all young people.

“As a local authority which works to ensure all our children and young people live happy, safe and positive lives, we’ll always be committed to providing support that protects and promotes their welfare.”

The toolkit has been adopted by other schools and local authorities across the country.

In 2020, Oxford County Council stopped using it after a 13-year-old girl brought a judicial review, saying it was unfair and made her feel powerless.

Allsorts was approached for comment but an auto-response referred all queries about the toolkit to the council.

NHS Sussex said last week it would be implementing all recommendations from the Cass Report.