Government issues draft guidance saying schools should engage parents “as matter of priority” if child wishes to change gender identity at school

The Government has published draft non-statutory transgender guidance for schools and colleges, which contains practical advice to help them make decisions regarding children who are questioning their gender.

The draft guidance notes that schools in England should take a “very cautious approach" if pupils want to use a new name, pronouns or uniform – in order to “socially transition”.

The Department for Education (DfE) warns that decisions regarding social transitioning should never be taken without the involvement of parents, adding that there will be some requests for a type of social transition “that will not be compatible with a school’s legal duties”.

The guidance states that schools should encourage the child to speak to their parents, “other than in the exceptionally rare circumstances where involving parents would constitute a significant risk of harm to the child.”

The guidance sets out five general principles that schools and colleges can use to frame their response to requests for a child to socially transition:

1. Schools and colleges have statutory duties to safeguard and promote the welfare of all children.
2. Schools and colleges should be respectful and tolerant places where bullying is never tolerated.
3. Parents should not be excluded from decisions taken by a school or college relating to requests for a child to ‘socially transition.’
4. Schools and colleges have specific legal duties that are framed by a child’s biological sex.
5. There is no general duty to allow a child to ‘social transition.’

The guidance notes that while legislation exists that allows adults to go through a process to change their legal sex, “children’s legal sex is always the same as their biological sex”.

It says that toilets, changing rooms and some sports should be separated based on a child's birth sex.

On residential accommodation, the guidance states that in allocating sleeping arrangements such as dormitories, tents or shared rooms for school trips, “each child’s sex is relevant”.

Schools and colleges must meet their safeguarding obligations set out in Keeping Children Safe in Education (KCSIE), said the DfE.

Education Secretary Gillian Keegan said: “This guidance puts the best interests of all children first, removing any confusion about the protections that must be in place for biological sex and single-sex spaces, and making clear that safety and safeguarding for all children must always be schools’ primary concern.

“Parents’ views must also be at the heart of all decisions made about their children – and nowhere is that more important than with decisions that can have significant effects on a child’s life for years to come.”

Minister for Women and Equalities Kemi Badenoch said: “This guidance is intended to give teachers and school leaders greater confidence when dealing with an issue that has been hijacked by activists misrepresenting the law.

“It makes clear that schools do not have to accept a child’s request to socially transition, and that teachers or pupils should not be pressured into using different pronouns.

“We are also clear how vital it is that parents are informed and involved in the decisions that impact their children’s lives.”

Lottie Winson