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Schools must not let pupils into facilities designated for the opposite biological sex, even if they are gender questioning, new Department for Education (DfE) guidance says.
In proposed updates to statutory safeguarding guidance, the DfE said that if a child does not want to use toilets or changing rooms for their designated biological sex, schools should consider whether they can provide an alternative.
After the Cass Review and last year’s Supreme Court ruling on biological sex, the Government has set out how schools should support children who are questioning their gender.
Schools must maintain single-sex spaces and some sports, the Government has said, including separate toilet facilities for boys and girls over the age of eight – even if they allow students to “socially” gender transition.”
“In recent years, we have seen a significant increase in the number of children who are questioning the way they feel about being a boy or a girl, including the physical attributes of their sex and the related ways in which they fit into society,” the draft Keeping Children Safe in Education guidance reads.
“It is not for schools and colleges to initiate any action in this area; this guidance is focused on circumstances where a child or their parent has raised a request relating to social transition to which a school or college is responding.”
Schools should consider avoiding “rigid rules based on gender stereotypes”, the draft guidance says.
Schools and colleges should take time to understand the feelings of children questioning their gender, and be aware of “potential vulnerabilities” such as them facing bullying or needing mental health support.
If a child or their parent makes a request for them to socially transition, schools should take a “careful approach”, the guidance says, discussing it with families and taking account of any clinical advice that may have been received.
Where schools have single-sex sport and PE in place “for safety reasons”, socially transitioning pupils must not be allowed to take part in sports designated for the opposite biological sex, it adds.
The DfE said the new guidance was informed by the recommendations of the Cass Review and responses to a consultation on draft guidance for gender-questioning children held under the former Conservative government.
The draft guidance published under the Conservatives said primary school children should not be using different pronouns to their biological sex, and schools could decline requests from older children to change their pronouns.
The new draft guidance does not include this.
A Labour source said: “Opposition parties who praised Dr Cass’s initial research to the hilt cannot now oppose schools guidance which she supports. They cannot pick and choose. They either back the evidence or they don’t.
“We will never use gender-questioning children ad a political football as the Tories did so despicably.”
Headteachers’ unions welcomed the publication of the guidance to provide clarity for schools trying to support pupils amid “an often-polarised public debate”.
“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,” said Paul Whiteman, general secretary of the NAHT union.
Other proposed updates to the guidance include adding more references to misogyny’s role in harmful sexual behaviour, and how artificial intelligence (AI) can be used to generate deepfake images.
A consultation on the updates to the safeguarding guidance will be held for 10 weeks.
A spokesperson for the NSPCC said: “Children must be at the heart of these discussions and ultimately, the final guidance. At Childline, we hear from young people questioning their gender identity who are scared and confused and who don’t know who they can turn to.
“The Government needs to hear from these children in particular, to ensure their experiences are reflected in the guidance – so that all children can feel safe and benefit from an inclusive education.”
Dr Hilary Cass said: “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.”
A spokesperson for Stonewall said it will be reviewing the draft guidance carefully.
“Many in the LGBTQ+ community, especially trans people, are increasingly feeling their voices are not heard.
“Young people who are questioning their gender should feel safe and supported at school; and the final statutory guidance, through the consultation, needs to listen to, and reflect their experiences,” the spokesperson added.