Tuesday 16th August 2022

Stone King Partner Laura Berman has been quoted by education publication Schools Week in response to an article by Attorney General Suella Braverman on the topic of schools’ legal obligations towards trans pupils. 

In a recent article for the Telegraph, the Attorney General that “many schools and teachers” believed they had “an absolute legal obligation to treat children who are gender questioning according to the preference of the child”. But she said any decision to “accept and reinforce” a child’s transgender status should only be taken “after all safeguarding processes have been followed, medical advice obtained and a full risk assessment conducted, including taking into account the impact on other children”.

Laura Berman says:

“at no point in the act does it say that it only bites when medical advice is received” and that stating schools could refuse to allow trans children to wear the uniform or use the toilet of their stated gender was “not my reading of the equality act”.

She adds:

“On my understanding, there is nothing in the act that allows schools to delay acceptance of a child’s transgender status until medical advice is obtained, a risk assessment is conducted or the impact on others is taken into account.”

Click here to read the full article.