The government has committed to publishing revised guidance for schools this year on supporting trans pupils, with the equalities watchdog also reviewing its advice in the wake of a Supreme Court ruling on the legal definition of a woman. Legal experts have also urged schools to avoid a 鈥渂lanket鈥 approach in response to the judgment, which states that 鈥渨oman鈥 in equality law is based on biological sex, not gender identity. Here鈥檚 what school leaders need to know鈥 What does the ruling say? The campaign organisation For Women Scotland sought a judicial review of a decision by the Scottish government to allow trans women to count in its target of women filling 50 per cent of public board seats. The challenge went to the Supreme Court, 鈥渁 person with a [gender recognition certificate] in the female gender does not come within the definition of 鈥榳oman鈥 for the purposes of sex discrimination in section 11 of the Equality Act 2010鈥. How might it affect schools? What the supreme court鈥檚 ruling on 鈥榮ex鈥 means for schools The impact is unclear, given children cannot obtain a gender recognition certificate. The government will need to set out how schools should interpret the ruling 鈥 for instance, in new guidance 鈥 experts have said. Schools already have a legal duty to provide sex-separated toilets for pupils aged 8 or more, apart from increasingly common individual toilets in fully enclosed rooms. Schools must also provide suitable changing accommodation and showers for pupils who are aged 11 or more at the start of the school year. It may have more of an impact on staff, although the ruling does not change the fact that trans people are protected from discrimination under the Equality Act. What are teachers鈥 concerns? Bridget Phillipson, the education secretary, said the ruling meant trans women must use men鈥檚 public toilets. Again, it is not clear how this will apply to school staff. Teacher Becks Tebbit, speaking at the NASUWT union鈥檚 annual conference last weekend, described how 鈥渢rans colleagues were in tears, shock and felt terrified鈥 at the ruling. They were 鈥渘ow at serious risk of abuse, inequality and harm鈥. Claire Ward said 鈥渁ny knee-jerk responses to policies in your workplace around trans rights鈥 should be reported. Julie McCulloch Julie McCulloch, the senior director of strategy and policy at the ASCL school leaders鈥 union, said leaders needed 鈥渃lear, practical guidance from the government on how to interpret the law鈥. Tomas Thurogood-Hyde, director of corporate services at Astrea Academy Trust, said it was 鈥渧ery important to us that the judgment affirms the right of trans members of our school communities to be protected鈥. Students and colleagues with concerns 鈥渨ill be supported 鈥 with strong and caring relationships being at the heart of these鈥. Toilets have usually been upgraded with fully-enclosed cubicles, accessible from the corridor to male and female pupils. And changing rooms remained single-sex. A 鈥渂espoke鈥 solution was found if a problem arose. Schools ‘navigating complex and contradictory guidance’ Adrian Packer, CEO of the CORE Education Trust, said his organisation had 鈥渁lways provided gender-neutral toilets and safe spaces for all students. 鈥淲e have also supported many young people through their transition processes on a case-by-case basis.鈥 He also warned that 鈥渢his 鈥榠ssue鈥 is only going to become more significant in schools over the coming years. 鈥淎s with other sectors navigating complex and sometimes contradictory guidance, schools must remain sensitive, compassionate, pragmatic, and open to all non-prejudiced perspectives. 鈥淥ur goal must always be to ensure that every child feels safe, respected, and welcomed.鈥 Delivering on that aspiration 鈥渞equires well-considered, inclusive, and clearly-understood policies – both in their development and implementation鈥. What does the government say? The last government published guidance on 鈥済ender-questioning children鈥, stating primary pupils 鈥渟hould not have different pronouns to their sex-based pronouns used about them鈥. Trans guidance: DfE lawyers said schools face ‘high risk’ of being sued It also stated that 鈥渁s a default, all children should use the toilets, showers and changing facilities designated for their biological sex unless it will cause distress for them to do so鈥. However, leaked advice from the government鈥檚 legal department warned schools faced a 鈥渉igh risk鈥 of successful legal challenges. The guidance has been under review since Labour took office last July. This week, Phillipson said the government would 鈥減ublish revised gender-questioning guidance for our schools this year to provide that necessary further clarity鈥. The Equality and Human Rights Commission has also said that, where the judgment impacts on its published advice for schools, 鈥渨e have committed to reviewing that advice as a matter of urgency. 鈥淭he EHRC will be issuing all updated guidance as soon as is practically possible.鈥 What do the lawyers say? Lawyers at Stone King said it was 鈥渋mportant to proceed with caution, mindful of the whole school community. 鈥淪chools are advised to avoid a blanket approach, to look carefully at the circumstances of each case as it arises, and to take all relevant legal and practical considerations into account, seeking advice where necessary.鈥 Lawyers at Browne Jacobson said senior leaders and governors 鈥渟hould pause and understand their organisation鈥檚 position before reacting to the ruling鈥. The use of single-sex spaces in schools 鈥渕ay need re-evaluation鈥. But schools 鈥渟hould consider the safety, privacy and dignity of all students while seeking ways to accommodate everyone鈥檚 needs鈥. 鈥淚t鈥檚 hoped further clarity will arrive with new government guidance.鈥