Teacher vs a Primary School and a County Council
A primary school teacher, known as ‘Hannah’ (a pseudonym - she cannot be named for legal reasons) is pursuing a judicial review over the refusal of a local authority and governing body of a school to address safeguarding concerns regarding a child being supported by Mermaids through gender transition. Supported by the Christian Legal Centre, the case is believed to be the first time that a teacher has taken legal action over safeguarding concerns of a socially transitioning primary school aged child.
Hannah was told by the school that she had ‘no choice’ but to affirm ‘Child X’ through gender transition or face the consequences. The school was supported by the local authority and the local Church of England diocese. Child X was being supported in their gender transition by Mermaids, which this week the Department for Education stopped recommending as a mental health and wellbeing resource for schools.
She is pursuing a judicial review at a permission hearing this month on the grounds that the local authority and school has continually failed to comply with their duties under the s.175 of the Education Act (2002).
After taking legal advice and sharing the safeguarding concerns she had for Child X, Hannah was sacked for gross misconduct. She has also been reported to the Teacher Regulation Agency (TRA) and may never be allowed to work as a teacher again.
Press release from Christian Concern (n.b. - the claimant is supported in her action by Christian Concern)
Equalities and rights: Conflict and the need for clarity - Speech by attorney general Suella Braverman on 10 August 2022 (expected to be cited by Claimant)
Status
The matter is scheduled for a permissions hearing in the Birmingham Civil and Family Justice Hearing Centre on 25 & 26 October 2022. A permissions hearing determines if the claimant (Hannah) has standing to bring a judicial review and has an arguable case. Judicial review does not rule on the ‘merits’ of the original decision by the authorities but if the process has been legally executed.
The Judge refused permission for this renewed application for a judicial review. She noted the law on judicial review, and that the court's jurisdiction is supervisory, intervening only when there is an error of law. She quoted a recent decision concerning the Good Law Project, where the Court found that GLP lacked standing to bring a judicial review. Not everyone who applies or has an interest has standing to apply for judicial review, even if their belief or concerns are strongly held. The claimant’s assertion of an obligation for general safeguarding does not give the claimant standing to bring this claim. The judge also noted that the claimant’s argument failed to take into consideration the intrusion into the private life of Child X, and matters concerning the child’s mental health and circumstances. The application was also out of time and the judge found no reason for delays in promptly seeking a judicial review.
The judge said that the claimant was attempting to use the banner of the law to enter into a matter of social policy. The grounds for judicial review are not met. Costs payable - the existing cost order stands. We will publish the judge’s decision when we receive it.
Live tweet threads
Note: a procedural hearing may be very difficult to ‘live tweet’ in a comprehensible manner. We appreciate the patience and understanding of readers. It is unclear at this point if the teacher, the school or the local authority will be identified by the court. We will use pseudonyms until we are told otherwise.
25 October 2022 - morning
25 October 2022 - afternoon
25 October 2022 - judge’s decision
Abbreviations
J - Judge Mrs Justice Farbey
Claimant and counsel
C - ‘Hannah’, the claimant
ROD - Richard O’Dair, barrister for C
Respondents and counsel
S - School , Respondent
AM - Aileen McColgan, KC
Press coverage
28 Oct 2022
Church Times - Teacher in trans row at C of E school loses appeal
27 Oct 2022
Birmingham Mail - Midlands teacher who refused to call transgender pupil boy's name appeals sacking
Stoke-on-Trent Live - Teacher who refused to call trans pupil by his name appeals against sacking
26 Oct 2022
Msn - Teacher who refused to call trans pupil by his name appeals against sacking
BBC - Sacked teacher loses legal bid in transgender pupil case
Wales Online - Teacher fired for refusing to call transgender pupil boy's name goes to court
25 Oct 2022
18 Oct 2022
GB News - Primary school teacher to fight legal case after 'misgendering trans pupil'
16 Oct
LBC - Schoolteacher 'sacked for misgendering trans pupil'
Christian Concern - Teacher pursues judicial review after sacking for raising safeguarding concerns over child being told they can be ‘born in the wrong body’
The Sunday Times - Primary teacher to fight legal case after refusal to call female pupil by boy’s name