When the weekly newsletter from the primary school in the south of England arrived in parents’ inboxes at the end of June, there appeared, at first, to be nothing unusual in the contents.
In her message, the head teacher gave advance warning of a lockdown drill that would be taking place before the end of term. Staffing changes were also announced, including fond goodbyes to two teachers followed by a warm welcome to several new staff members who would be joining in September.
It was at this point that some parents became a little confused. Because among the names of the newcomers was what appeared to be a male teacher’s name with the honorific not of Mr, Mrs, Miss or even Ms but Mx.
Enquiries to the school followed and the parents discovered that a new teacher who would be teaching children under eight was indeed a man. He was, parents were told, said to have neither a “male nor female identity”.
Staff already appeared to be referring to him as “they”. Meanwhile, some children had mentioned meeting the new teacher and he had been wearing nail polish and had “sounded a bit like a girl”. The teacher was, it seemed, “non-binary”, and the ripples caused by his appointment speak to the dilemma that schools face in handling gender issues today, in a fog of equality law in which schools have to balance their own legal obligations with the rights of staff and pupils.
According to Stonewall, the foremost LGBT charity in the UK, non-binary is “a term for people whose gender doesn’t sit comfortably with ‘man’ or ‘woman’”. However, legally it does not exist in the UK. Non-binary individuals are not permitted to have an X – rather than the standard M or F sex marker – on their passport.
Parents’ concerns
A number of parents are said to be pulling their children from the school and trying to find new places for them only weeks before the new term.
“At first I thought the ‘Mx’ was a spelling mistake,” one mother told The Telegraph. “But when we found out he was non-binary and the staff were all calling him ‘they’ and ‘them’ already, I said to the head teacher: ‘That was a bit sneaky. You didn’t mention anything about his identity in the newsletter.’ And she just dismissed it, saying: ‘Not really.’
“But I am really concerned. This will be very confusing for the children.
“My son, who would be in this man’s class next year, has some learning difficulties. I don’t want him being told that the man in front of him isn’t a ‘he’ or a ‘him’. That’s very mixed up. What message is that sending out to children?
“I’d heard about him wearing nail polish and so I asked the head teacher whether he would be able to dress as a woman. She simply said that he would be expected to follow the school dress code – but I took that as meaning he could wear either male or female [dress].”
She adds: “Some of the other parents think we’re just making a fuss over nothing and that it’s only a name and it doesn’t matter what this man wears.
“But I feel that this is more about what a male teacher wants – acceptance and validation from young children – rather than what’s best for the children themselves.
“I don’t trust the school any more so I’m taking my little boy out and will home-school if necessary until I find another school. I’m not the only one. I know of around eight or nine families all doing the same.”
Although there is no suggestion that the new teacher is anything other than professional, another parent says that the unwillingness of the head teacher to discuss the matter at a group meeting with parents is creating an atmosphere of animosity.
“I’m sure this teacher is a nice guy, but if you don’t know what gender you are, what else are you going to be teaching our children?” he says. “Whatever this bloke wants to do in his own time outside of school is absolutely fine. I’ve worked with gay blokes before and it’s been none of my business.
“But my daughter is already calling this man ‘Miss’ and I don’t know if that’s because she’s always had a female teacher in the past or that she’s been told to call him ‘Miss’ or doesn’t know how to pronounce ‘Mx’.” (According to gender activists it can be pronounced as either “mix” or “mux”.)
He adds: “The school doesn’t seem to want to answer any questions about it. We email them and they won’t answer in writing. They have insisted that the only way to discuss this is by meeting us individually with a representative from the [local] council.
“Some can’t take time off work and others don’t want a meeting where it could be one parent up against two or three school officials.”
The legal situation
It is thought there are a number of teachers and teaching assistants going by the title of Mx in schools in the UK, mostly in secondary schools, and some safeguarding experts believe it is an unacceptable imposition of gender ideology.
“Non-binary is not a status with any definition or meaning in law, as confirmed by the Supreme Court, and anyone claiming to have both (or neither) male and female identities should not be working in any capacity with children,” says Tracy Shaw of the Safe Schools Alliance. “Safeguarding must always come first.
Campaigners Helen Joyce and Maya Forstater celebrate outside the Supreme Court in April following its ruling on the definition of a ‘woman’ – Henry Nicholls
“Keeping children safe in education [KCSIE] statutory guidance used to be the bedrock of safeguarding in school but more and more we see diversity and inclusion being prioritised.
“KCSIE says that staff and leaders must always act in the best interests of the child, even when it is uncomfortable to do so, and adult needs, whether personal, professional or reputational, should never take precedence over a child’s right to be safe.”
MP Rosie Duffield says parents and teaching staff contact her about gender issues all the time.
“Professional adults should never require young children in their care to confirm or validate aspects of their private life or personal identity in a work setting,” she says, adding: “This person is, of course, entitled to live as they choose, but it has nothing to do with their professional paid job and raises complex, age-inappropriate issues which appear not to have been considered with much depth.”
Legal experts say employers are currently in a difficult situation when employing someone who claims to be non-binary.
“The teacher may have a protected belief in gender identity theory which he is manifesting,” says Audrey Ludwig, an equality law consultant. “But the requiring of children to use the terms ‘Mx’ and ‘they/them’ brings his rights into potential conflict with their and their parents’ rights. Whether it amounts to unlawful harassment of the children or parents is untested to my knowledge.”
Peter Daly, a lawyer who specialises in employment and discrimination, says the problems lie with how the law has been interpreted. “Over the past decade, an incorrect interpretation of law has arisen, which has led employers wrongly to believe that non-binary identities are legally on a par with male/female sex,” he says, adding: “The proliferation of this misinterpretation has led many genuinely to believe that there are formal legal requirements to recognise non-binary identities.”
When The Telegraph approached the school, a spokesman said: “We have offered or scheduled individual meetings with the small number of parents who have contacted us about the matter. These meetings are the right forum for discussing any concerns.” The school declined to comment on individuals or their employment, for reasons of confidentiality.
(Except for the headline, this story has not been edited by PostX News and is published from a syndicated feed.)
