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New trans guidance for schools is ‘unlawful’, barrister says

2 mins read Health Education
A specialist barrister has said that the government’s draft trans guidance for schools infringes on human rights and discrimination laws.
Robin White: 'Refusing to accommodate a child who identifies as trans is undoubtedly a breach of the Equality Act'. Picture: Old Square Chambers
Robin White: 'Refusing to accommodate a child who identifies as trans is undoubtedly a breach of the Equality Act'. Picture: Old Square Chambers

Robin White, who specialises in discrimination and employment law, was the first barrister to transition from male to female while practicing at the employment and discrimination bar in 2011.

She is described as the “go to” lawyer for gender reassignment discrimination by Chambers and Partners.

The guidance, published yesterday (19 December) by the Department for Education, outlines “that there is no general duty to allow a child to socially transition”.

White explained that this goes against the Equality Act 2010, saying: “Gender reassignment is protected under the Equality Act. As long as somebody has a settled intention to transition, either medically or socially, they have the protected characteristic of gender reassignment.

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