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Ministers working ‘carefully’ on transgender guidance for schools – No 10

It is understood that the guidance on policies for pupils questioning their gender is due to be published on Tuesday before the Christmas break.

Eleanor Busby
Monday 18 December 2023 13:43 GMT
Transgender guidance for schools is a ‘complex area’, Downing Street said (PA)
Transgender guidance for schools is a ‘complex area’, Downing Street said (PA) (PA Wire)

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Ministers have been working “carefully” on the long-awaited transgender guidance for schools as it is a “complex area”, Downing Street has said.

The non-statutory guidance for schools in England – which was previously planned for the summer – will come “as soon as possible”, the Prime Minister’s spokesman said as Parliament prepares to break for recess.

It comes after The Times reported that schools will be told they are under no “general duty” to allow children to socially transition in the highly anticipated draft Government guidance.

It is understood the guidance on policies for school pupils questioning their gender is due to be published on Tuesday before the Christmas break.

The Times report suggests the guidance will require schools to inform parents if their children say they wish to change their gender identity, with some narrow exemptions.

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

LGBT+ charity Stonewall

It adds 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The draft guidance on transgender issues for schools in England was originally due to be published before the summer holidays but it was delayed to ensure it met the “high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told MPs that the document would “hopefully” be out before Christmas and there would then be a long consultation on the draft guidance.

Without commenting on when it will be published, 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 spokesperson

A spokesperson 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 spokesperson 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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