"How the care system has been captured by gender ideology - Report by Policy Exchange based on FOIs of local authorities in England

Policy Exchange Report In Absentia Parentis sets out the scale of capture of local authorities by gender ideology despite the considerable evidence of harm that affirmative approaches cause

https://policyexchange.org.uk/wp-content/uploads/In-Absentia-Parentis.pdf

Executive Summary

Children in care were overrepresented in referrals to the now closed Gender Identity Development Service by a magnitude of 700%. Yet local authorities have

failed to put policies in place which reflect their safeguarding obligations

and key research on gender questioning young people, like The Cass Review.

Children in care are a highly vulnerable social group. Children in

care are more likely to have faced mental health challenges and to have

experienced abuse or neglect. They are unlikely to have a parent or guardian

that is invested in their welfare to advocate for their best interests.

The publication of The Cass Review has seen significant progress in the

safeguarding of gender questioning children in schools and healthcare

settings. The most up to date Keeping Children Safe in Education statutory

guidance and the draft guidance for Gender Questioning Children in schools are

both in line with key safeguarding principles and the current evidence

base. However, in the care system, it is likely these developments never

happened.

Many gender questioning children in care are being aided to socially

or medically transition without sufficient support or guidance for

such a significant decision. Too many local authorities have embraced an

affirmative approach to gender questioning children in their care, defined

by The Cass Review as a model which presumes that ‘a child of any age… will

benefit from a social transition’. This is despite the fact that the Government,in response to The Cass Review, has clarified that 1 ‘social transition is not a neutral act’.2 Social transition can be a difficult and challenging process and can set children on a medical pathway that can result in irreversible harms.

Results of requests

• 129 Freedom of Information requests submitted by Policy Exchange,

to every local authority with care responsibilities in the country, paint

a picture of a care system that is fragmented, inconsistent, and in many

places, ideologically captured.

• 81 out of 128 local authorities could not provide a policy on how to

support a child in care reporting gender distress.

• Only 2 local authorities explicitly referenced the findings of The

Cass Review in their policies. This is despite the fact that the review was

published five months before we sent our requests.

• 8 local authorities explicitly stated that they would consult no one

before allowing a child to socially transition. Warrington Borough

Council told us ‘we would not consult anyone’ while North Tyneside Council

stated that ‘this is not a decision we would make for a child’.

• 27 councils were unable to name a person or office they would consult before permitting social transition. Council guidance did not refer to a child’s competence or capacity to make such important decisions independently.

• Despite the vulnerability of many children in care, who have been

disproportionately victim to sexual assault and exploitation, many

policies fail to acknowledge the sex-based rights of women and girls.

In particular, the most commonly used policy instructs that ‘foster carers /

residential staff may need to support young people with the following: […] Inclusion in sport and access to toilets’. This policy makes no reference to a local authorities’ obligations to provide single-sex spaces.

• 81 local authorities were unable to provide us with an answer on

the number of gender questioning children in their care because they

had not collected the data. Of those that did respond, only 6 authorities

were not supporting any gender questioning children. Some councils

were supporting a significant number. Worcestershire County Council,

for example, told us they had 8 gender questioning children, while

Southwark Council had up to 10.

• 17 local authorities reported that they had been a member of

a Stonewall Scheme in the last 48 months. 12 councils were still

members. This may have influenced many local authority internal

policies. Stonewall have also been critical of the Government’s decision to

ban puberty blockers, a decision taken in light of scientific evidence and

safeguarding principles.

• 12 councils had commissioned training from activist organisations.

Mermaids, Gendered Intelligence, and Genderphoria had all provided

training to councils. Mermaids have come under criticism for supplying

chest binders to children as young as 13 without their parent’s knowledge

or consent. Gendered Intelligence instructs providers to ‘support their [gender

questioning children] access to gendered spaces (e.g. toilets, accommodation, sports teams) that correspond to their gender identity’: advice which is not in line with the Equality Act 2010 or the safeguarding of children.

The most vulnerable children in the country are being failed by the

authorities entrusted with their care. Local authorities are outsourcing

the development of guidance to activist groups or allowing a child to

transition without consulting anyone. The current state of play has allowed

individual local authorities to develop policy towards a vulnerable group

without any serious regard for the unique vulnerabilities of these children,

the basic tenants of safeguarding, or their safeguarding obligations. An

urgent review of the current policy landscape is desperately needed.