Sacked teacher loses legal bid in transgender pupil case

A teacher who refused to call a transgender pupil by their preferred name and pronouns has lost a bid to launch a legal challenge against their school.

She said she had safeguarding concerns about the school's support of the child, described in court as a "transgender-affirming approach".

The campaign group Christian Concern, which supported the teacher, said she was then sacked for gross misconduct after sharing information about the child while taking legal advice.

The court heard she was "ideologically driven" by her beliefs.

The teacher had applied to the High Court to launch a judicial review over the school requiring her to follow its policy for supporting transgender children. The case was heard in Birmingham - which is not where the school is based.

The child, known as Child X, had been bullied over their transgender identity at a previous school, the court heard.

The teacher was initially suspended after disagreeing with the school's decision to support the child and their parents, who did not want any other pupils or parents to know the child's biological sex.

She raised what she claimed were "safeguarding concerns" with the school, that she thought such a "transgender-affirming approach" could be "damaging" or "harmful" to the child.

The local authority denied an appeal she made to them.

The teacher was later sacked for gross misconduct after accessing and sharing information about Child X, as part of receiving legal advice.

The defence lawyer, Aileen McColgan KC, said the teacher had "obsessively trawled" private information about the child on the school's database, out of school hours, and that her disagreement with the school was driven by her ideology rather than by concerns for the pupil.

The Christian Legal Centre - the legal branch of Christian Concern - had said before the hearing that it would be a "landmark case" and had hoped to argue that the school and local authority were potentially breaching the equalities and human rights acts in relation to religion and belief.

It argued that the school and the local authority had acted beyond their powers by requiring the teacher follow their policy.

But Judge Mrs Justice Farbey denied permission for a judicial review to be launched.

She said the claimant had not established a "reasonable concern in welfare" and that she did not have standing to bring the case.

She acknowledged that both "public and expert opinion" were divided over the treatment of children with gender dysphoria but said that it was not for the court to be involved.

It is understood the Department for Education will publish further guidance to help schools understand their legal and safeguarding obligations towards transgender pupils in the coming months.

Christian Concern said it believes this is the first time a teacher has taken legal action over concerns related to a socially-transitioning child of primary school age.

If a claimant is refused permission for a judicial review, they can lodge an appeal to the Court of Appeal, which is the second highest court in England and Wales.

The teacher has not yet indicated whether or not she will take this route but is appealing internally against her sacking.

In a statement released via the Christian Legal Centre, the teacher called the decision an "injustice" and said it was "not the end" of her case.

The school and county council have not yet commented.