GLD Vacancies

SPOTLIGHT

A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

Guidance for schools on policies for transgender pupils delayed: report

The Government has reportedly delayed its guidance for schools in England on how to deal with pupils who want to transition, after the Attorney General for England and Wales has advised part of the guidance may be unlawful.

Prime Minister Rishi Sunak had promised the advice before the summer holidays, but it is now expected to be set out in the autumn.

The draft guidance expressed that children should be allowed to ‘socially transition’ with the consent of their parents, which could involve changing their name, appearance and pronouns.

However, according to The Times, the government then commissioned legal advice from Victoria Prentis, the Attorney General, about whether a ban on social transitioning in schools was possible.

The Attorney General is understood to have said that a blanket ban would be unlawful because the Equalities Act states that gender reassignment is a “protected characteristic”, regardless of age, the paper said.

Geoff Barton, General Secretary of the Association of School and College Leaders, said: “We’ve been telling the government that schools and colleges need clear guidance on provision for transgender and gender-questioning pupils for the past five years, so it is frustrating that it has now got to the point of producing something but appears to be locked in an internal political squabble which is causing a further delay. At present, schools have to navigate this complex and sensitive subject entirely on their own.

"Clear, practical guidance on this matter is important as long as it is genuinely supportive to schools and pupils and does not add to the existing and onerous expectations on schools. We will be looking very closely at the guidance when it is published and consulting with our members to ensure it is proportionate, fair and deliverable.”

The Department for Education has been approached for comment.

Lottie Winson