Teachers and pupils in England will not be “compelled” to use a child’s preferred pronouns, the Government’s transgender guidance has said.
The Department for Education (DfE) has published its long-awaited draft guidance for schools and colleges on how best to support pupils questioning their gender, after it was delayed from the summer.
The non-statutory guidance says “parents should not be excluded” from decisions taken by a school or college relating to requests for a child to “socially transition”, such as wishes to change names, pronouns and clothing.
It adds that schools and colleges should make parents aware if their child requests a change – except in the “very rare situation” where parental involvement may raise a “significant risk of harm” to the child.
Schools and colleges in England have been told there is “no general duty” to allow children to change their gender identity and they should take a “cautious approach” when considering social transition requests.
When judging the “seriousness” of a request by a pupil to socially transition, schools and colleges should consider whether the child has been “influenced by peers or social media”, the guidance adds.
The advice says that, on the “rare occasions” where a school or college agrees to a change of pronouns, no teacher or pupil should be compelled to use them.
The guidance, which will be subject to a 12-week consultation, says teachers should still be able to refer to children collectively as “girls” or “boys”.
But in an early indication of unease on the Tory right about the measures, former prime minister Liz Truss said the guidance “does not go far enough”.
Some Conservative MPs and campaigners have called for an outright ban on social transitioning by children in schools.
A school leaders’ union has warned that heads will still be placed in a difficult position as the guidance appears to leave many “questions unanswered”.
Meanwhile, an organisation representing academy trust chiefs said the timing of the publication – as schools break up for Christmas – will make it difficult for schools to respond to any concerns by families.
The guidance says single-sex schools can refuse to admit pupils of the other biological sex, regardless of whether the child is questioning their gender.
It adds that schools should provide separate toilets for boys and girls aged eight and above, and changing rooms and showers for boys and girls who are 11 or over at the start of the school year.
The guidance says: “All children should use the toilets, showers and changing facilities designated for their biological sex unless it will cause distress for them to do so.
“In these instances, schools and colleges should seek to find alternative arrangements, while continuing to ensure spaces are single-sex.”
The advice adds that schools and colleges should adopt rules which mandate “separate-sex participation” for sports where physical differences between the sexes threatens pupils’ safety.
Education Secretary Gillian Keegan said: “This 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, and making clear that safety and safeguarding for all children must always be schools’ primary concern.
“Parents’ views must also be at the heart of all decisions made about their children, and nowhere is that more important than with decisions that can have significant effects on a child’s life for years to come.”
Kemi Badenoch, minister for women and equalities, said: “This guidance is intended to give teachers and school leaders greater confidence when dealing with an issue that has been hijacked by activists misrepresenting the law.
“It makes clear that schools do not have to accept a child’s request to socially transition, and that teachers or pupils should not be pressured into using different pronouns.”
In March, Prime Minister Rishi Sunak pledged the guidance on transgender issues for schools in England would be published “for the summer term”, but it was delayed.
Reports in The Times newspaper at the time suggested the Attorney General and Government lawyers said plans to strengthen guidance would be unlawful, leading to the delay.
Ms Truss – who has put forward her own legislation that would mean social transitioning is not recognised by schools or the state in children – said the DfE’s non-statutory guidance will provide “insufficient protection and clarity” and a “change in the law of the land is required”.
The former prime minister said: “I fear that activists and others will be able to exploit loopholes in the guidance and the existing legal framework to pursue their agenda, leaving children at risk of making irreversible changes and with single-sex spaces not sufficiently protected.”
Responding to Ms Truss’s criticism of the non-statutory guidance, the Prime Minister’s official spokesman said: “We are confident this is the right approach. It’s also the fastest way to provide protections to parents, pupils and teachers.
“Seeking to legislate would require considerable additional time.”
Nick Fletcher, Conservative MP for Don Valley, said: “It remains my view that no child should be socially transitioned in our schools. This guidance leaves open the idea that for some children this is the right path. I believe it is not.”
Paul Whiteman, general secretary of school leaders’ union NAHT, said: “The ongoing delays to this guidance due to political wrangling have been a source of significant frustration, and it is far from ideal for it to be published right at the end of term, after some schools have already broken up for Christmas.
“NAHT will be reviewing these draft proposals to ensure they provide useful information and support for school leaders and will submit a response to the Government’s consultation on behalf of our members.
“Upon an initial look, it would appear this guidance leaves a lot of questions unanswered, meaning school leaders will continue to be placed in an incredibly difficult position.”
Confederation of School Trusts chief executive Leora Cruddas said: “It is disappointing that the Government has chosen to publish this consultation as schools are breaking up, and with widespread media briefing ahead of the draft document’s publication.
“This will make it very challenging to respond to any concerns felt by pupils, parents and staff until schools return in the new year.”
A spokesperson for Mermaids, a transgender youth support charity, said: “All young people deserve an accepting and supportive school environment to learn and be their authentic selves.
“The UK Government’s draft trans guidance for schools in England seeks to prevent that. Its approach is unworkable, out of touch and absurd.
“Rather than listening to trans young people and reflecting best practice of inclusive educators across the UK, the Government has created more confusion for schools and is putting young people at risk.”
A spokesperson for LGBTQ+ charity Stonewall said: “The UK Government’s draft trans guidance for schools does not put the best interests of children first, and as such is simply not fit for purpose.”