CPS drops school's LGBT hate crime advice after pupil's legal bid

The guidelines are now under review

Friday, May 1, 2020

The Crown Prosecution Service (CPS) has temporarily dropped its guidance to schools over LGBT+ hate crimes after a teenage girl launched a legal battle against it.

The LGBT+ bullying and hate crime schools pack was launched in January to protect potential victims of “identity based bullying” by deterring potential perpetrators and encouraging reporting.

It included warnings to schools that failing to allow transgender pupils to use their preferred toilets and changing rooms could be classed as “indirect discrimination”.

But a 14-year-old, referred to as Miss A, pursued a judicial review of the advice on the grounds that it sought to “indoctrinate children” and “suppress” free speech.

Following the legal challenge, the CPS is reviewing its policy.

A spokesperson said: “The CPS is committed to tackling all forms of hate crime. Education and working with young people is key to that goal.

“Our guidance on hate crime targeting the LGBT+ community is not about prosecution of youths, but about educating people and supporting victims.

“Following legal representation we have temporarily taken down the guidance pending its review.”

The anonymous teenager said: “I’m happy that I’ve been able to have helped girls all over the country keep their right to say no and not get accused of bullying.”

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