红桃影视

Skip to content

DfE publishes draft transgender guidance for schools

Consultation launched on non-statutory guidance for schools
Amy Walker
Freddie Whittaker
6 min read
|

The government has published long-awaited draft transgender guidance, which sets out how schools should respond to gender-questioning pupils.

The has been published alongside a . The guidance is non-statutory, meaning schools will not have a legal duty to follow it.

The Department for Education said it had adopted a “parent-first approach”, and that the guidance would advise schools to involve parents in decisions affecting their children.

Education secretary Gillian Keegan said the 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”.

Here’s what the draft guidance states. It won’t come into effect until after the consultation, and may be changed at that point.

1. Five ‘overarching’ principles

The guidance focuses on how schools should handle requests for “social transitioning”.

The DfE defines this as “actions such as changing names, uniforms, or using
different facilities to help a child appear more like the opposite sex, with the expectation
that they will be treated as if they are”.

The guidance sets out five 鈥渙verarching principles鈥 for schools to frame responses to requests for social transitioning. These are as follows鈥

  • Schools and colleges have statutory duties to safeguard and promote the welfare of all children
  • Schools and colleges should be respectful and tolerant places where bullying is never tolerated
  • Parents should not be excluded from decisions taken by a school or college relating to requests for a child to 鈥榮ocially transition鈥
  • Schools and colleges have specific legal duties that are framed by a child鈥檚 biological sex
  • There is no general duty to allow a child to 鈥榮ocial transition鈥

2. When should schools involve parents?

The guidance states that where a child requests action from a school in relation to 鈥渁ny degree鈥 of social transition, schools should speak to parents 鈥渁s a matter of priority鈥 and encourage the child to speak to their parents.

The DfE would 鈥渆xpect parental consent to be required in the vast majority of cases鈥.

But in 鈥渆xceptionally rare circumstances鈥, where a school believes involving parents could put a child at 鈥渟ignificant risk鈥 of harm, schools do not have to inform them.

If no change is being requested, the DfE says teachers can 鈥渓isten respectfully鈥 to a child鈥檚 feelings without automatically telling their parents. But for safeguarding reasons, they cannot 鈥減romise confidentiality鈥.

3. What to do about pronouns

The draft guidance states that primary children 鈥渟hould not have different pronouns to their sex-based pronouns used about them鈥.

For older children, schools  should only agree 鈥渋f they are confident that the benefit to the individual child outweighs the impact on the school community鈥.

As a result, the government says it expects 鈥渢here will be very few occasions in which a school or college will be able to agree to a change of pronouns鈥.

4. Don鈥檛 鈥榗ompel鈥 others to use pronouns

In those instances where a change of pronouns is agreed, 鈥渘o teacher or pupil should be compelled to use these pronouns鈥.

Schools should also not prevent teachers from referring to children collectively as ‘girls’ or ‘boys’, even in the presence of a child who has been allowed to change their pronouns.

Schools are also told they should 鈥渆xhaust all other options鈥, such as using first names, 鈥渢o avoid requiring individuals having to use preferred pronouns鈥.

The guidance adds that no child should be sanctioned for 鈥渉onest mistakes鈥 when adapting to a pupil鈥檚 preferred name or pronouns.

5. Take a 鈥榗autious approach鈥

The guidance warns 鈥渁 cautious approach鈥 should be taken that complies with legal duties, because there isn鈥檛 鈥渄efinitive evidence鈥 of the long and short-term impact of changes on children.

Requests from younger children in primary schools should be treated with 鈥済reater caution鈥 because they are 鈥渕ore vulnerable鈥 and 鈥渓ess able to articulate their feelings鈥.

The guidance states that schools have a legal duty to record a child鈥檚 sex accurately, as well as their legal name in registers.

Government also expects schools to make 鈥渁ll relevant staff鈥 aware of the biological sex of a child questioning their gender.

6. Wait before considering a request

Schools are also told to allow for 鈥渨atchful waiting鈥 before considering a request, 鈥渢o ensure it is a sustained and properly thought-through decision鈥.

They should consider if the child has made 鈥渟imilar requests鈥 before, and seek to understand factors that may have influenced the child, such as their 鈥減eers or social media鈥.

The guidance also asks schools to consider whether a child feels 鈥減ressured鈥 to identify differently because they 鈥渟imply do not align鈥 with stereotypes associated with their sex.

Other factors listed for consideration are whether input from a special educational needs coordinator is 鈥渁ppropriate鈥, or if there is an 鈥渋nteraction鈥 with the child鈥檚 sexual orientation.

7. Factoring in other pupils and staff

When considering requests for social transitioning, schools are told to consider the impact on other pupils, including safeguarding concerns.

Schools may conclude that the impact on the school community 鈥渋s such that it may not be possible to agree to support a request鈥.

If a change has been agreed, schools should communicate this to other pupils and staff 鈥渨here it is necessary and proportionate to do so鈥.

But the guidance adds that 鈥渢his should be done sensitively, without implying contested views around gender identity are fact鈥.

8. What happens with single-sex spaces?

Responding to a request to support any degree of social transition 鈥渕ust not鈥 include allowing access to single-sex spaces, the guidance states.

鈥淎ll children鈥 should use the toilets, showers and changing facilities designated for their biological sex 鈥渦nless it will cause them distress to do so鈥, the DfE said.

If a school wishes to offer a pupil access to an alternative toilet facility, they should be secured from the inside and for use by one child at a time, including for hand washing.

Alternative changing rooms could include a facility to be used by one child at a time and lockable from the inside.

9. Clear rules needed for PE

The government says a 鈥渕ore relaxed approach鈥 for mixed-sex participation in sports can be taken for early primary age children.

But schools should adopt 鈥渃lear rules which mandate separate-sex participation鈥 for all sports 鈥渨here physical differences鈥 between sexes 鈥渢hreatens the safety of children鈥.

And even in sports where 鈥渟afety is not risked鈥, such as competitive sports, schools should be aware that without separate sex participation, 鈥渋t is unlikely that they will be offering equal opportunities鈥.

10. Single-sex schools

Single-sex schools can refuse to admit pupils of the other biological sex, regardless of whether the child is questioning their gender, the guidance states.

But a school also cannot refuse to admit a child of the same biological sex on the basis that they are questioning their gender.

However, guidance states the equality act does not prevent single-sex schools from admitting pupils of the opposite biological sex if their admission is 鈥渆xceptional鈥 or their numbers are comparatively small and limited to particular classes or courses.

Share

Explore more on these topics

2 Comments

  1. DfE guidance recognises that gender-affirmative care may contribute to harm and later regret. The guidance accords with recent widespread European research which:

    A) rejects the US consensus model in favour of evidence-based medicine
    B) finds the US model widely accepted by schools, to be based on misguided empathy and a research base that when examined is out-of-date, low quality, and often misleading
    C) shows that puberty blockers have serious lasting harmful consequences, especially for young people.
    D) recognises the nature of the rapid deterioration in adolescents and young people since 2010 and social contagion to which schools contribute.
    E) the essential role played by parents and carers

    So the list goes on!

    1. Jessica Buchanan

      Peter Barnard is completely wrong about puberty blockers. There is zero credible evidence that puberty-blockers are harmful. Even the Cass Review acknowledged that.

      I’m surprised SW hasn’t fact-checked this.

Featured jobs from FE Week jobs / Schools Week jobs

Browse more news