Schoolgirl, 13, forces council to scrap 'transgender toilets plan' in schools that said pupils should be able to use whichever bathroom they prefer

• Oxfordshire County Council introduced the advice for trans pupils last year
• It said they should be able to use the toilets and changing rooms they prefer
• The council has withdrawn the advice after she sought judicial review at court 

A 13-year-old schoolgirl has won a court battle to force a county council to scrap its transgender 'toilets toolkit' which she said threatened her safety and privacy.

She took Oxfordshire County Council to the High Court and the authority has now confirmed the 'Trans Inclusion Toolkit' has been withdrawn.

But she said the council still hasn't apologised or admitted it was wrong in drawing up the toolkit.

The toolkit included advice that trans pupils should be able to use whatever toilets, changing rooms and school trip dorm rooms they prefer.

A 13-year-old schoolgirl has won a battle against Oxfordshire County Council to withdraw a transgender 'toolkit' which allowed transgender students to use the toilets of the gender they identify as

She said the 65-page guide threatened her safety, privacy and dignity when she wanted to spend a penny at school.

Oxfordshire County Council produced the toolkit last year, advising teachers in schools and colleges on how transgender students should be treated.

The guide said that transgender children should be allowed to use the changing rooms, dorms and toilets of their preferred gender.

That meant if child born as a boy said they identified as a girl, they could be allowed to use the girls' toilets.

The 13-year-old girl, who hasn't been named publicly, brought a legal challenge against the guidance, seeking a judicial review at the High Court.

She said it was unfair and made her feel powerless, and last month a judge allowed her to challenge the county council.

At the time, she said: 'I am very surprised that the council never asked the opinion of girls in Oxfordshire about what we thought before they published the toolkit.

'Under these guidelines I have no right to privacy from the opposite sex in changing rooms, loos or on residential trips.

'It makes me feel that my desire for privacy, dignity, safety and respect is wrong.

'It makes me feel sad, powerless and confused. I don't understand how allowing boys and girls to share private spaces is okay.'

Now the council has withdrawn the toolkit and said it will instead follow incoming national guidance on how transgender children should be treated instead.

Because the toolkit is no longer an official document, it means the judicial review can no longer go ahead.

The teenager said the case 'had a very significant impact' on her and Oxfordshire County Council have not apologised to her personally.

U-turn on trans toilets in schools: Parents force council to pull guidance allowing transgender pupils to use girls' loos and dormitories 

 Parents forced a council to pull guidance to schools which allowed transgender pupils to use girls' toilets and dormitories.

Warwickshire County Council said it had withdrawn its 'Trans toolkit', which offered advice to 300 schools, and placed it under review.

Parents were furious that schools were being told to allow transitioning pupils to 'sleep where they feel most comfortable' and use whichever toilets they wanted.

Tessa McInnes, 50, who has two children in Warwickshire schools, told the Times: 'The equal rights of girls are simply discounted and disregarded in this guidance.

'If they express any discomfort about a male coming into their spaces, the girl is presented as transphobic and told to go and change somewhere else.

'It's outrageous and defies the Equality Act 2010.'

A spokesman for Warwickshire County Council said: 'Trans is an evolving complex area. It is our duty to provide schools with guidance to ensure all pupils are able to be themselves and reach their full potential in an inclusive school environment, without fear of judgement and discrimination.

'The toolkit was launched in January 2018 and is currently being reviewedShe said: 'Although they have withdrawn it now, they haven't apologised to me or said they were wrong.

'I would like to know what Oxfordshire County Council is going to do to make schools a safe place for girls going forward.'

Her victory was welcomed by people on social media with one user writing: 'Thank goodness for that. Some good news.'

Another said:  'How much did all this nonsense cost to produce? 

'What a waste of money at a time when councils say they don't have enough resources to deliver their services.'

The girl's legal battle had been supported by the Safe Schools Alliance, which crowd-funded to help pay the bills.

It is a network of parents and teachers concerned about safeguarding and was worried about abuses which could stem from the guidance.

Spokeswoman Tanya Carter said: 'We welcome the decision from Oxfordshire County Council to withdraw their 'Trans Inclusion Toolkit', however, we remain deeply concerned at the widespread undermining of child safeguarding and misrepresentation of the Equality Act that this case has revealed.'

A human rights lawyer hired by Safe Schools Alliance said the council 'had done the right thing' in withdrawing the toolkit.

Paul Conrathe, human rights solicitor from Sinclairslaw, said: 'The High Court has already considered the toolkit and ruled that it is arguable that it is unlawful.'

The county council said it would soon be adopting UK-wide guidance on transgender children which is being prepared by the Equality and Human Rights Commission.

It said: 'Safeguarding children and young people is a critical part of our work.

'The Trans Inclusion Toolkit, which was published in November 2019, has been an important part of that work.

'However, the guidance in the Trans Inclusion Toolkit will soon be superseded by guidance from the Equality and Human Rights Commission.

'We anticipate that the EHRC will provide UK-wide information and resources to support trans and gender-questioning young people.

The girl's legal battle had been supported by the Safe Schools Alliance (above), which crowd-funded to help pay the bills. Spokesperson Tanya Carter said: 'We remain deeply concerned at the widespread undermining of child safeguarding'

'As we will be adopting this new national guidance, we have taken the decision to withdraw our toolkit and to withdraw from the judicial review of the toolkit that was due to be held in the coming months.

'We are very much aware of the challenges faced by young people who feel they are not the gender they were assigned at birth.

'We will do our utmost to safeguard these potentially vulnerable young people and help the schools who support them as part of our critical safeguarding work.'

A 2017 report by the LGBT charity Stonewall said that young transgender people often suffer from worse mental health problems than their peers and have a difficult experience of life in school.

The report said more than four in five trans young people have self-harmed, and more than two in five trans young people have attempted to take their own life.