A teacher who refused to address a transgender student by his preferred name and pronoun has lost an attempt to file a legal challenge against his school.
She said she had concerns about the school’s support for the child, which the court described as a “transgender-affirming approach”.
Campaign group Christian Concern, which supported the teacher, said she was subsequently fired for gross misconduct after she shared information about the child while seeking legal advice.
The court heard she was “ideologically driven” by her beliefs.
The teacher had applied to the High Court for a judicial review of the school, urging her to comply with its policy of supporting transgender children. The case was heard in Birmingham – where the school is not located.
The child, known as Child X, was bullied at a previous school because of his transgender identity, the court heard.
The teacher was initially suspended after he disagreed with the school’s decision to support the child and his parents, who did not want other students or parents to know the child’s biological sex.
She expressed to the school what she described as a “protection concern” that she felt such a “transgender-affirming approach” could be “harmful” or “harmful” to the child.
The local authority refused an appeal she had lodged.
The teacher was later fired for gross misconduct after accessing and sharing information about Child X as part of a legal consultation.
Defense attorney Aileen McColgan KC said the teacher “obsessively trawled” private information about the child in the school’s database outside of school hours, and that her disagreement with the school was driven by her ideology rather than concerns about the student.
The Christian Legal Center – Christian Concern’s legal arm – had said ahead of the hearing that it would be a “landmark case” and hoped to argue that the school and local authority might be violating equality and human rights laws pertaining to religion and belief.
It argued that the school and local authority had acted beyond their powers by requiring teachers to follow their policies.
But Judge Justice Farbey refused permission to open a judicial review.
She said the plaintiff failed to demonstrate a “reasonable concern for wellbeing” and had no authority to bring the case.
She acknowledged that both “public and expert opinion” were divided on the treatment of children with gender dysphoria, but said it was not for the court to become involved.
The Department of Education is expected to release more guidance in the coming months to help schools understand their legal and protective obligations to transgender students.
Christian Concern said it believes this is the first time a teacher has taken legal action over concerns surrounding an elementary school-age child in social change.
If a plaintiff is refused leave to a judicial review, he can appeal to the Court of Appeal, the second highest court in England and Wales.
The teacher has not yet commented on whether she will go down this route, but she is appealing her dismissal internally.
In a statement released through the Christian Legal Centre, the teacher called the decision an “injustice” and said it was “not the end” of her case.
The school and the district council have not yet commented.
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