New guidance for schools on dealing with transgender issues will not put an end to ‘gender transitioning’, even at primary level, despite acknowledging it has significant effects on children.
The Institute’s Head of Education John Denning said: “It is profoundly harmful for a child to reject the reality of their God-given body and to try to live as if they are something they are not. Safeguarding guidance should ban schools from ever facilitating this. Sadly, this draft guidance stops short, leaving some children at risk”.
Rather than releasing its long-awaited Gender Questioning Children guidance, the Department for Education has proposed adding a new section to the Keeping Children Safe in Education (KCSIE) guidance, and is opening it for public consultation.
Some positives
Unlike the draft Gender Questioning Guidance, this new guidance, once finalised, will be statutory, meaning from September 2026, schools must by law have regard to it.
It does improve on some areas of the draft guidance released under the Conservative Government, stating that social transitioning (i.e. adopting the name, pronouns and uniform of the opposite sex) is an active intervention with significant effects, rather than simply stating it is “not a neutral act”.
Without exception, children must use the toilets and changing facilities that match their biological sex, which must be accurately recorded by schools.
The guidance also says that, unless there are safeguarding concerns, decisions on transitioning should not be made without the involvement of parents and full social transition should happen “very rarely”.
‘Too much leeway’
It is backed by Dr Hilary Cass – the independent reviewer of NHS England’s Gender Identity Services – who called it “a huge step in the right direction”.
But former head of Ofsted Baroness Amanda Spielman said the guidance gives “too much leeway” for schools to allow a child to transition “while keeping it secret from their parents”.
She told the Today programme young children could be ‘encouraged to tell schools they don’t feel safe at home in order to be able to transition at school if their parents are reluctant to support the move’.
Requires improvement
The Institute’s John Denning is clear that the guidance needs to be improved.
He noted that it does not categorically ban using gender-affirming pronouns. There is also nothing in the guidance addressing the issue of breast binders, which are known to cause “shortness of breath, back and/or chest pain, itching, postural issues, shoulder pain, overheating and rib damage”.
The guidance does however recognise that schools must not try to compel people to act against their conscience by using pronouns that they believe would be a falsehood.
It also does not ban schools from referring pupils to controversial groups like Mermaids, although it does emphasise obtaining proper clinical advice, particularly for primary school children.
‘Needs to go further’
Mr Denning continued: “Some schools have done terrible things: arranging counselling from activists for distressed young people behind parents’ backs; letting trans-identified teenage boys get changed for PE with the girls; putting pressure on pupils and teachers to affirm falsehoods. This draft guidance would stop some of that, but it needs to go further to protect children.”
He encourages parents and teachers to respond to the consultation, saying: “This is draft guidance, issued as part of a public consultation. Responses to consultations do make a difference and on an issue like this, there will be lots of people trying to push the government one way or the other.
“It’s particularly important that Christian teachers, parents and school governors make their voice heard.”
Govt pares back home-ed register bureaucracy from Children and Schools Bill
Peers challenge ‘intrusive surveillance’ of home-educated families
Peers urge Govt to reconsider introduction of home education register