Parents could face prison for opposing child's gender transition under draft Bill, report warns

New analysis of the Government’s "Trans-Inclusive" Conversion Practices Bill has concluded that the legislation is "ideological, authoritarian and unworkable".

In a new report, the UK's leading think tank, Policy Exchange, has found that the draft Bill is "wholly unsuitable legislation for a democratic and pluralistic society".

Barrister Akua Reindorf KC, author of the report, and Policy Exchange Distinguished Fellow Baroness Kishwer Falkner warned that if enacted, the Bill will "criminalise parents who seek to dissuade children from transitioning".

They added that it "represents an attempt to legislate gender self-ID into UK law".

The findings have been endorsed by former Olympic swimmer and women’s rights campaigner Sharron Davies, who has publicly expressed her gender-critical views and fought for the rights of women in women's sports.

In the report, she writes that "criminalising ordinary conversations between parents and children, or teachers and children, is an unconscionable intrusion into family life".

Ms Davies warned that the legislation could effectively introduce gender self-identification "by the back door".

She added: "This legislation is dangerous for parents – and most importantly for vulnerable children."

The new legislation is aimed at Labour attempts to outlaw abusive attempts to change someone’s sexuality or gender identity, with offenders facing up to five years in prison.

But the legal experts warn that the proposed law could also catch parents who try to discourage their children from changing gender, even when acting out of genuine concern.

Simply disagreeing with a child would not be a crime.

Prosecutors would have to prove abusive conduct intended to change someone’s sexuality or transgender identity.

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However, the authors argue that parents could face five years in prison for refusing to finance a child’s gender reassignment or for trying, in their words, "in good faith and with love and care - and without any malice or bad intention" to stop a transition they fear could harm their child.

The authors also warn that complaints against parents could trigger safeguarding investigations, even if no criminal charges followed.

These could potentially lead to child protection plans, care proceedings and, in the most serious cases, children being taken into care under separate family law powers.

The report raises the extraordinary prospect of children as young as 10, the age of criminal responsibility in England and Wales, being prosecuted over their treatment of schoolmates.

It warns: "Even children who are still at primary school may be liable to criminal prosecution for abusive conversion practices against their schoolmates where they have made comments or asked questions without malice or harmful intent."

In a scathing conclusion, the report declares: "The draft Bill is a piece of proposed legislation of exceptionally low quality. As drafted, it would be wholly unreasonable for any competent legislature to enact it."

The Government strongly rejects suggestions that ordinary conversations between parents and children would become criminal.

In a parliamentary answer on October 29, equalities minister Simon Lightwood said: "The draft Bill will not prevent parents from making choices on how to raise their children. We are preventing a very specific, severe form of abuse."

Ministers insist the proposed law is intended to close gaps in existing legislation, particularly around psychological abuse, rather than punish parents for expressing concern or offering advice.

The draft Bill is undergoing parliamentary scrutiny and has not yet become law.