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Highly anticipated transgender guidance for schools to be published after delays

Reports suggest the guidance will require schools in England to inform parents if their children say they wish to change their gender identity.

PA Reporters
Tuesday 19 December 2023 00:01 GMT
Downing Street said on Monday that ministers had been working ‘carefully’ on the guidance (David Jones/PA)
Downing Street said on Monday that ministers had been working ‘carefully’ on the guidance (David Jones/PA) (PA Wire)

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Long-awaited transgender guidance for schools in England is expected to be published by the Government on Tuesday, after being delayed from the summer.

Reports suggest that the non-statutory guidance will require schools to inform parents if their children say they wish to change their gender identity, with some narrow exemptions.

The Times reported that the guidance will also tell schools they are under no “general duty” to allow children to socially transition, and that teachers will not be compelled to address children who want to change their gender identity by their chosen pronoun if they have a “good faith” objection.

The Telegraph reported that schools will also be told they have no obligation to provide gender-neutral facilities such as toilets and changing rooms, while single-sex schools will be told that they do not need to accommodate transgender pupils.

There is considerable evidence that social transition improves the mental health of trans children and young people, and from what we are hearing about this guidance their needs have not been properly considered

Stonewall

Downing Street said on Monday that ministers had been working “carefully” on the guidance as it is a “complex area”.

It was originally due to be published before the summer holidays but was delayed to ensure it met the “high expectations” of teachers and parents.

Earlier this month, Education Secretary Gillian Keegan told MPs that the document would “hopefully” be out before Christmas and there would then be a long consultation on the draft guidance.

The Prime Minister’s spokesman told reporters on Monday: “It’s a complex area, as Scotland has experienced and other countries have experienced. It’s right to take the time to get this right. That’s the important thing.

“Ministers are working on it carefully and we’ll set out the details as soon as possible.”

Asked whether an outright ban on social transitioning by children in school has been ruled out, the official said: “I’m not going to get into what is or is not in the guidance or which approach the Government will or will not take.

“We’ve said before our guiding principle is to ensure the protection of children, that any degree of social transitioning could have significant psychological effects on a child so it is vital that safeguards are in place. The guidance will reflect that.”

The upcoming guidance will help safeguard pupils and, crucially, ensure that parents are involved in decisions relating to their child, as the Cass Review has made clear that any degree of social transition could have significant consequences for children

Department for Education

A spokesman for LGBTQ+ charity Stonewall said: “This guidance, which we have not yet seen in full, needs to first and foremost make sure that trans and gender-diverse youth are supported to be themselves and have an environment where they can learn and thrive.

“There is considerable evidence that social transition improves the mental health of trans children and young people and from what we are hearing about this guidance their needs have not been properly considered.”

Education unions have previously described delays to the guidance as frustrating as they leave schools in a difficult position.

A spokeswoman for the National Education Union (NEU) said: “The guidance promised by Gillian Keegan has been heralded for months, but is yet to be seen.

“When it is finally published, the Government has said that it will be non-statutory, in draft form, and out for consultation for nine weeks.”

She added: “The union will be engaging fully in the consultation process and will continue to meet with the Department for Education (DfE).

“We hope DfE, school leaders and unions can all work together constructively so that all LGBT+ young people have a good experience at school.

Schools need to be involved properly in developing guidance that is clear and helpful and can work successfully alongside their safeguarding duties. Existing good practice should be shared to help inform the government’s guidance.

“The reality is that too many LGBT+ young people still report finding schools a negative experience and in 2023, that’s not OK.”

A DfE spokesman said: “The upcoming guidance will help safeguard pupils and crucially ensure that parents are involved in decisions relating to their child, as the Cass Review has made clear that any degree of social transition could have significant consequences for children. It will be published in due course.”

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