We are belatedly entering the hearing.

Ian Wise is setting out arguments.

#StopStonewall
Ian Wise:

Transgenderism is very controversial territory. ‘Perceived by the victim’ very controversial.

References the Miller case. Complaint could be made by third party.

#StopStonewall
Ian Wise:

A comment that is ‘perceived’ to be transphobic.

In the Miller case this led to police action which was found to be unlawful.

#StopStonewall
Ian Wise:

These offences are defined by perception, not established parameters such as theft or assault.

#StopStonewall
Ian Wise:

My client is concerned that a boy may enter the girls toilets.

On page 336, Activity 1c we see the toilet activity.

My client has a genuine concern.

She has sufficient interest in the application.

#StopStonewall
Ian Wise:

It simply isn’t correct that my client is seeking immunity from prosecution.

She has a grievance against the schools guidance and a lot of support.
See statement from @Docstockk

#StopStonewall
We say that Mr Justice Mostyn was wrong to say my client doesn’t have standing.

#StopStonewall
Ian Wise:

We say that being a member of @stonewalluk diversity champion goes much further than merely tolerance. The organisation is subscribing to their vision of change.

#StopStonewall
Ian Wise:

When @cpsuk first aligned with @stonewalluk in 2011 their focus was much different. It changed in 2015.

Stonewall are committed to transforming institutions & changing laws.

#StopStonewall
Ian Wise:

It is legitimate for lobbying groups & charities to campaign to change laws.

The first change they seek is to the #GRA2004.

They also wish to amend the Equality Act.

#StopStonewall
Ian Wise:

The point we are making is they are concerned with changing the law.

It plainly isn’t just subscribing to principles of tolerances.

#StopStonewall
Ian Wise:

It is unclear why Justice Mostyn felt that there needed to be an actual prosecution for a judicial review to take place.

All policies & practices are subject to judicial review. @CPSuk decision to align with @stonewalluk is subject to judicial review.

#StopStonewall
Ian Wise:

It is plainly wrong that this cannot be subject to judicial review.

There is a real possibility of bias from @CPSuk as a result of being a Stonewall champion. Impartiality is important.

#StopStonewall
Ian Wise:

Adherence to Stonewall’s values & objectives is quite clear when becoming a member of Stonewall Champions.

#StopStonewall
Mr Justice Cavanagh

Is your case based on actual bias or appearance of bias?

#StopStonewall
Ian Wise:

It extends to actual bias, but we don’t need to go there, there is an appearance of bias.

#StopStonewall
Ian Wise:

In common parlance we would say, there is something wrong here, it doesn’t pass the smell test.

It gives rise to the possibility of bias.

#StopStonewall
Ian Wise:

Issue of disclosure, we are somewhat in the dark, what documents have been transferred between @cpsuk & @stonewalluk.

As a public body, we should know what’s going on with CPS.

Has Stonewall trained CPS?

#StopStonewall
Ian Wise:

We don’t know what that training was, @cpsuk need to disclose.
So far they haven’t disclosed documents, we have no confidence they will do so without an order of the court.

We need to know how close the contact is between CPS & Stonewall.

#StopStonewall
Mr Justice Cavanagh:

I have spent some time reading into the case.

#StopStonewall
Duncan Penny:

As the schools guidance has now fallen away, the claimants interest is far too remote to give her a particular interest. Her claim is abstract.

#StopStonewall
Duncan Penny:

We submit that the standing is not made out in this claim.

#StopStonewall
Duncan Penny:

The decision of the CPS to support a charity a not a public function.

#StopStonewall
Duncan Penny:
The schools guidance has been withdrawn.

This distinction between private & public function of CPS is important.

#StopStonewall
Duncan Penny:

On the issue of bias, it’s not possible to say a decision maker is biased before a decision has been made.

#StopStonewall
Justice Cavanagh:

Anything you want to say in reply Ian Wise?

#StopStonewall
Ian Wise:

We plainly have sufficient interest, my learned friend says the guidance has been withdrawn. It has been withdrawn for review. We very much have sufficient interest.

#StopStonewall
Ian Wise:

My learned friend is moving goalposts. There is no challenge to being affiliated to a charity. Being a Stonewall champion is much more than this.

#StopStonewall
Ian Wise:

This case is about @cpsuk being a @stonewalluk champion, which gives an appearance of bias. It is a very controversial issue & a live issue with regards to freedom of speech.

#StopStonewall
Duncan Penny:

There are no plans to reissue schools guidance.

#StopStonewall
Justice Cavanagh:

A seeks a declaration that it is unlawful for CPS to be a member of Stonewall diversity champion scheme.

A judicial review was previously refused by Justice Mostyn.

Stonewall has a position on trans rights which is opposed by some women.

#StopStonewall
Justice Cavanagh:

Claimant & her witnesses which include @Docstockk say Stonewalls stance is wrong & brands questioning wrong.

#StopStonewall
Justice Cavanagh:

Views on both side are strongly & genuinely held.

#StopStonewall
Justice Cavanagh:

I have been told this afternoon that @cpsuk have no plans to reissue document.

#StopStonewall
Justice Cavanagh:

Well known test for apparent bias ‘fair minded & informed observer would consider apparent bias’

#StopStonewall
Justice Cavanagh:

The issue for me is, is there a reasonable grounds for success of judicial review.

#StopStonewall
Justice Cavanagh:

The CPS maintains its membership of the Stonewall diversity programme as an employer.

The schools policies no longer exists.

#StopStonewall
Justice Cavanagh:

It is true that the schools pack was prepared in conjunction with Stonewall. Gendered intelligence and NUT were also involved.

#StopStonewall
Justice Cavanagh:

There is no arguable claim of success.

This is not a judgement on who is right and wrong.

#StopStonewall
The judicial review has not been granted.

This is incredibly disappointing.

We are pleased to hear that there are no plans to reissue the schools pack.

#StopStonewall
Defendant has not been awarded costs for today.

#StopStonewall

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4 Dec 20
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We have been sent these screenshots from a Facebook group of teachers unofficially affiliated with a major union.

We are disturbed to see this misinformation and lack of understanding of safeguarding being circulated.
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bit.ly/2J67LVq
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dailymail.co.uk/news/article-8…
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