We will continue this mornings coverage from this tweet. Abbreviations in the first tweet from this morning.
NC - Asking whether imaginary Pete was allowed in F CR - you said depends on sincerety - correct?
DU - yes
NC - no way a female user can judge.
DU - judging sincerety is difficult.
NC - all they have is that he is male an din the CR
DU - they might know her pronouns, no need to be unkind to Pete, shouldn't assume insincerity either.
NC - you also mentioned where he might be on his transition, but am I right you also said no amount of treatment is needed?
DU - yes, some people can't tolerate it
DU - some don't want it, it's not necessary for your GI.
NC - it's true that we don't need to get to numbers but large numbers of trans don't have any changes
JR - not for this witness
J - this is for other evidence.
NC - do you agree rules that keep men out of F spaces
NC - don't imply all men are a risk
DU - based on the suspicion they could be, if it's a safety issue. SO if you are assuming there's a higher degree of safety risk.
NC - there's a higher propensity ot violent and sexual crime in men, doesn't imply all men are violent
DU - you are talking about cis men?
NC - again, the rules don't imply all men are a danger.
J/DU interupt eachother
J - you are asking this witness about all of society?
NC - it is a matter of logic, asking DU to agree it's logical that rules don't imply all men are predators
J - do you mean WOrkplace regs 1992?
NC - no more generally, widespread phenomenon
J - but not universal, there is mixed changing
NC - asking witness to agree that sexed spaces don't imply all men are predators.
DU - I think I'm being asked, there is common split ofr CR, reason
DU - is safety, and not all men are predators
J - not quite. lets try slowly
NC - are sep by sex changing facilities common, and it doesn't follow that people believe all men are predators.
DU - agree most people think that, someone won't, but most
NC - some men are predators tho
DU - yes
NC but they are more likely to be.
DU - yes
NC - so keeping TW out of female spaces is the same, nobody is saying TW are predators
DU - I've seen people say all TW are predators.
NC - I'll try again. Keeping TW out doesn't mean people think all are predators.
NC - keeping TW out doesn't imply that TW are predators.
JR - what rule is being considered now?
NC - I'll try again. If you exclude TW from womens facilities, that exclusion doesn't imply all TW are predators. Logical structure.
DU - I believe it implies large proportion are
DU - predators. Your example compares men and TW, it implies the amount who are predators is on a parity with men which isn't true.
NC - the reason for exclusion, or wanting to exclude TW is not about predators it's that they are men. Keeping them out makes it single sex
DU - transwomen aren't men so the men's would be mixed if TW were in there. It's a tautology.
NC - your argument hangs on TWAW
DU - yes
NC - I've asked about your knowledge of women's discomfort around men. Now going to ask about SP's discomfort. Refs to picture. Weird incident
NC - SP walked into room, I said hey, she left, saw another walked in, there was a chat. I think she left because of me, sad, emoticon of sad
DU - disappointed face.
NC - we know from that 26th Aug you knew SP was uncomfortable
DU - inferred she didn't want me in CR
NC - didn't ask that, jus tyou became aware she was uncomfortable.
DU - noted she didn't want to change with me, may have been anger, upset, anything
NC - without specifics, 26th Aug she didn't want you there?
DU - that was the impression I got.
NC - another note
NC - 25 10 23 she did it again SP in CR, she left, found her outside, didn't even say hi. Weird. Similar thing.
DU - pattern of behaviour yes
NC - you must have known it was because you are a man and she was uncomfortable
DU - for clarity I'm not a man, it may have been my trans
DU - status. Gut reaction was hostility based on trans status. Presumed she didn't want to share space, that was her decision, assumed it was my trans status.
NC -- any reason she might be more comfortable with a man?
DU - trans man, cis man?
NC - a man
DU - I've never discussed
DU - her comfort around different GI's
NC - she was in a changing room with a man
DU - not a man, she must have assessed my trans status in some way.
NC - even if she wasn't aware of your trans status she would find your presence difficult and humiliating
DU - never expressed
DU - I can guess, I thought it sad that she might have transphobic views, I can only report my experience
nC - despite knowing she was uncomfortable you carried on
DU - yes
NC - you carried on doing something which SP found humiliating.
DU - can't speak of her emotions
DU - I was told I could. I can't speak of her feelings, I have to get changed and so I did. I'm sure we wil talk about Dr Searle I told her what was going on and just like everyone else I continued using the facilities
NC - you describe yourself as TW, so born male, male body
DU - so you are a man and you wish to be seen as a woman
JR - there are lots of questions there, one at a time.
NC - you are a TW, not a Cis woman
DU - yes
NC - don't have a female body
DU - that has no definition, I'm female and I have a body so biologically female
NC - what distinguishes you from a cis woman?
DU - me or all TW?
NC - either
DU - TW woman assigned male at birth and wishes to live as a woman.
NC - how does assignation happen?
DU - look at body make a best guess if they can, not always clear, I'm not an obstetrician
NC - never suggested you have a DSD?
DU - I;ve provided a comprehensive answer
NC - so no DSD, for most it takes no expertise.
DU - no legal status
NC - it's an observation a 5 year old can make
DU - 5 year olds are quite different, not a marker of intelligence just age
NC - I'm saying both you and SP, no matter what your GI, you are a man
DU - disagree
NC - insisting colleagues accept you in CR without signs of discomfort you are demanding they go along with things you and they know aren't true
DU - disagree I'm demanding, I can't make people comfortable. Spoke to DS and didn't escalate because I can't.
NC - insisting SP share a room without signs of discomfort. That insistence is bullying and abusive
DU - I've not insisted and it's not a falsehood and it's not B+H
JR - is this going to be B+H through the policy? Can that be put please?
J - could be harassment under policy/law/different ways, not my role to determine what qu asked
JR - if under policy she should ask.
J - can make in submission
NC - in 1984 novel have you read
DU - no
NC - the torturer insists 4 fingers are 5, the ultimate torture is making Winston say something they both knew to be untrue. It's comparable isn't it.
JR - is my opponent comparing my client to a torturer?
That is worse than the C comparing to a rapist.
J - we'll break
J - return at 2.
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We are expecting a judgment in Evans & XX vs CQC at 2 pm this afternoon.
Our coverage this morning's appeal hearing can be found here: open.substack.com/pub/tribunaltw…
J - I have produced the written judgment over the lunch time but I will read out the opening part then make it available to the parties for editorial corrections.
A hearing to appeal a JR outcome, there were 2 decisions being appealed.
The first is a license to prescribe cross sex hormones to 16 and 17 years old. And the second is the carrying out of that activity. The judge who gave permission for the JR, said - hormone treatment introduces irreversible changes, this is subject to significant public debate.
We hope to report on an appeal for a judicial review (JR) today. Susan Evans (a former NHS psychiatric nurse and psychotherapist) and "XX" (an anonymised mother), are seeking a JR of a decision to grant a license to grant a licence to Gender Plus Healthcare Ltd
Expected start time is 10:30 in Court Room 75. The initial application for a JR was refused, the claimants are appealing that decision.
A reminder that our reporting is not a transcript; we report what we hear and can transcribe. Appeals are particularly challenging as it is largely legal argument.
Judge Smith asked the counsel to address the grounds of appeal when Kevin Lister's application to appeal the DBS barring decision when we return at 2pm.
We are reporting from the Upper Tribunal where Kevin Lister (KL) is appealing his prohibition from working with children in any regulated activity.
KL was referred to the Disclosure and Barring Service (DBS) by his employer, a further and higher education establishment, in January 2023.
The DBS referral followed his dismissal by the employer for misconduct. KL was unsuccessful in his claim for unfair dismissal and is separately appealing the employment tribunal decision on indirect discrimination.
Our coverage of Kevin Lister's related case, the employment tribunal with New College Swindon is here. open.substack.com/pub/tribunaltw…
There are 2 Rule 14 anonymity orders. Specified people must remain anonymous.
Good afternoon; this is the final day of public hearings in the case of Ms B Hutchinson & others vs Durham and Darlington NHS Foundation Trust at employment tribunal.
NF: Not quite what I meant. If single-sex communal Art8 *might* be engaged; but if it's mixed sex, a woman might encounter a man, that is a much greater effect on Art 8.
NF: Reg 24 - propriety - we say yes, is engaged because changing is to underwear. It might not if it was only re changing coats.
NF: Re Rose Art8 rights - RH always had choice to ask for a private changing space, and we heard from Ms Bailey that Trust had done that in a similar siguation in the past.
Evidence is completed in B Hutchison and others vs County Durham and Darlington NHS Foundation Trust. We will shortly be live tweeting the second part of this morning's Submissions.