Department for Education consults on new gender guidance for schools

According to the Department, legal duties will be “absolutely clear” after government embeds guidance within ‘Keeping children safe in education’ - the established statutory safeguarding framework schools are expected to follow.

The main proposed changes are in annex D of the draft statutory guidance document.

It says children’s wellbeing and safeguarding must be at the centre of every decision and schools “cannot take a one size fits all approach”.  

The guidance also sets out that single sex spaces must be protected.

The DfE noted: “Without exception, no child should be made to feel unsafe through inappropriate mixed sex sport, and there should be no sharing of school and college toilet facilities over eight years old or mixed sex sleeping arrangements on trips.”

The government described it as “vital” that schools and teachers are aware of any child’s birth sex “to be able to take appropriate action where needed”.

The guidance will make clear that this must be accurately recorded in school and college records. 

The Department said the guidance “also provides much needed clarity by determining schools should always consider any clinical advice the family has received and seek parents’ views unless there is a genuine safeguarding reason not to”.

Education Secretary Bridget Phillipson said: ”Parents send their children to school and college trusting that they’ll be protected. Teachers work tirelessly to keep them safe. That’s not negotiable, and it’s not a political football.  

“That’s why we’re following the evidence, including Dr Hilary Cass’s expert review, to give teachers the clarity they need to ensure the safeguarding and wellbeing of gender questioning children and young people.   

“This is about pragmatic support for teachers, reassurance for parents, and above all, the safety and wellbeing of children and young people.”

Dr Hilary Cass, Author of the Cass Review, has backed the guidance.

She said: “The safety and wellbeing of the child must be at the heart of any decision when a young person is questioning their gender. Schools, parents and government share this fundamental responsibility. 

“Integrating this guidance within Keeping Children Safe in Education ensures this. It places this work alongside other duties to protect children, on a clear statutory footing, with proper accountability for all involved. 

“The updated guidance is practical and reflects the recommendations of my review, giving schools much needed clarity on their legal duties so they can support children with confidence.”

Pepe Di’Iasio, General Secretary of the Association of School and College Leaders, said: “We welcome the publication of guidance on supporting gender questioning children.

“Schools and colleges have done a very good job in dealing with this complex and sensitive issue over the course of many years, striving to create inclusive environments for all their young people. But they have had to do so amid an often-polarised public debate.

“We have long called for clear, pragmatic and well-evidenced national guidance to support them in this area and we are pleased to have reached this point.”

The consultation is open until 22 April.

Lottie Winson