Schools and colleges will soon have clear and pragmatic guidance instructing them that they must take a very careful approach when a child asks to socially transition.
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.
Backed by Baroness Cass, whose review warned that strong evidence about the impact of social transition remains limited, the guidance says children’s wellbeing and safeguarding must be at the centre of every decision and schools cannot take a one size fits all approach.
It clearly sets out that single sex spaces must be protected. 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.
It is also vital that schools and teachers are aware of any child’s birth sex to be able to take appropriate action where needed, so the guidance will also make clear that this must be accurately recorded in school and college records.
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.
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.
School leaders and unions including Star Academies and the Sixth Form College Association have backed the clear red lines set out in the proposed guidance to protect all children and young people.
KCSIE is kept under regular review to make sure it is meeting the need of schools, colleges and families, allowing for further changes as new evidence emerges.
It is already used by teachers and schools and colleges every day – and the latest iteration includes strengthened guidance and guardrails on issues central to our children’s safety from violence and harassment to online risks and mental health.
Dr Hilary Cass, Author of the Cass Review, 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.
Sir Hamid Patel CBE, Chief Executive of Star Academies, said
This gender questioning guidance offers a considered and practical framework for schools and colleges navigating the complexities around gender-questioning children.
It rightly prioritises transparency with parents and a cautious, evidence-informed response to complex issues.
By setting out clear expectations and red lines within Keeping Children Safe in Education, it helps schools and colleges to navigate sensitive situations while ensuring that all children and young people are protected, respected, and supported.
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.
Paul Whiteman, general secretary at school leaders’ union NAHT, said
We welcome the publication of this guidance for consultation, as there is a clear need for greater clarity about how schools should manage this sensitive issue and support their pupils.
Placing this within existing safeguarding guidance ensures that the key principles of safeguarding children underpin the approach schools take. It is important to remember that individual children and young people are at the heart of this, and schools remain focused on ensuring that every child in their care is safe and treated with compassion and humanity.
Bill Watkin, Chief Executive of the Sixth Form Colleges Association, said
Sixth form colleges make every effort to safeguard the welfare and dignity of all students, as well as to provide welcoming, inclusive environments for those who identify as trans or are questioning their gender.
The major additions proposed today by DfE to the statutory safeguarding guidance will allow them to continue to do that with greater confidence, ending a long period of uncertainty about how to apply broad legal principles to the day-to-day reality on the ground in colleges.
We are particularly pleased that DfE has addressed many of our questions and concerns about previous draft guidance, including by acknowledging that the best approach will vary by student age and stage.
Polly Harrow, DfE Further Education Student Support Champion; Vice-Principal Kirklees College
The consultation on Gender Questioning guidance within KCSIE will be welcomed by the FE sector. The guidance is useful for all educators and gives clear information and advice on an issue that needs clarity and sensitivity.
I would urge practitioners to take the opportunity to comment, as the final guidance will be invaluable for supporting our work in this space.
Leora Cruddas CBE, Chief Executive of the Confederation of School Trusts said
This is an important area, where schools need to follow the law while responding sensitively to individual circumstances.
This updated guidance gives clarity, but also the flexibility to demonstrate respect and care for pupils and families.
Working together we can help ensure all pupils are properly safeguarded.