Relevant legal cases - November 2020
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Case titleDescriptionMore details
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Being appealed
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(…) v CGD Europe and others - Nov 2019Initial hearing to ascertain whether 'gender critical' views constitute protected beliefs under Equality Act. The judgment concluded they did not. This has been appealed - the appeal hearing will be 27-28 April 2021.Full Judgment from initial Employment Tribunal
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(..) v The College of Policing and The Chief Constable of Humberside - Feb 2020Judicial Review over whether the College of Policing's operational guidance on recording hate incidents is lawful and whether Humberside Police acted lawfully in their response to the claimant's tweets about trans people/gender identity.
The judgment concluded that the College of Policing's operational guidance was lawful and that Humberside Police acted unlawfully. The Claimant has appealed the ruling that the College of Policing's guidance was lawful. Hearing date TBC.
Full Judgment from initial Employment Tribunal
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Awaiting judgment
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R (…) & Mrs A v Tavistock and Portman NHS Foundation TrustJudicial Review of whether the Tavistock's practice of prescribing hormone blockers to under-18s is lawful. Claimants believe that consent given by under-18s for this treatment is not 'valid informed consent as a matter of law'.
Hearing took place in October 2020; now awaiting judgment.
Public details about the case.
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FDJ v Secretary of State for JusticeJudicial review of the Ministry of Justice and Her Majesty's Prisons and Probation Service operational guidance on the Care and Management of Individuals who are Transgender, which allows for some trans women to be placed in women's prison estate.
The hearing took place in October 2020. The case was adjourned following a dispute over the late disclosure of departmental documents. The next hearing now likely to be in 2021, but no date has been set yet.
Public details about the case.
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Action against Gender Identity Development Services from their safeguarding leadThe Claimant in this case is the Named Professional for Safeguarding Children and the Safeguarding Children Lead at the Tavistock and Portman NHS Trust. They have lodged a whistle-blowing claim against the Trust to the Central London Employment Tribunal, in which they allege that they were subjected to detriments because they made 'protected disclosures' to their line manager regarding safeguarding concerns raised by GIDS staff.Public details about the case.
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Potential case against Bristol University for the alleged permitted bullying and harassment of gender critical studentDiscrimination case brought against Bristol University by a PHD student for alleged indirect sex discrimination and unlawful victimisation under the Equality Act 2010.Public details about the case.
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Threatening action
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Potential case against GirlGuiding for expelling two gender critical volunteersDiscrimination case brought against GirlGuiding by two volunteers who were expelled for non-compliance with GirlGuiding's trans inclusion policy.Public details about the case.
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Potential Judicial Review against NHS England challenging their signatory of the Memorandum of Understanding 2 on Conversion TherapySame Claimant as the Tavistock case - the claimant is challenging NHS England's signatory of the MoU2, which commits members to end the practice of gender identity (alongside sexual orientation) conversion therapy, on the basis that it 'prevents clinicians from helping children suffering from gender dysphoria be at ease in their sex'.Public details about the case.
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Action against the Crown Prosecution Service regarding their LGBT+ hate crime guidance for schools, and membership of Stonewall's Diversity Champions ProgrammeA 14 year old Claimant, supported by Safe Schools Alliance UK and Fair Cop, is a seeking Judicial Review of the CPS's LGBT+ hate crime guidance for schools, on which Stonewall (among others) advised.
Since the CPS withdrew their guidance for review, the Claimant has written to them demanding they withdraw from Stonewall's Diversity Champions programme, or she will proceed to Judicial Review on the basis she has no confidence that the CPS will be able to adequately address her concerns without 'significant bias'.
Public details about the case.
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Potential Judicial Review of DfE's statutory Relationship, Sex and Health Education guidance to ascertain lawfulness of lack of parental right of withdrawal from primary relationships educationLet Kids Be Kids' have written to the Department for Education threatening to apply for a Judicial Review of the Department's statutory RSHE guidance, under which parents cannot withdraw their children from primary relationships education. Public details about the case.
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Withdrawn
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Potential Judicial Review against Oxford Brookes University for uninviting a gender critical speakerJudicial Review of whether Oxford Brookes University, a Diversity Champion, acted lawfully in uninviting a gender critical speaker.Public details about the case.
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Potential JR against Oxfordshire County Council on their guidance for schools on trans inclusionJudicial Review of whether Oxfordshire County Council's guidance for schools on trans inclusion - specifically their guidance stating that trans pupils should be able to use the single-sex facilities matching their gender identity - is lawful.Oxfordshire County Council withdrew its Trans Inclusion Toolkit amid pressure from parents and an impending court case.
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