Schools in England could face legal action if they follow new government guidance on transgender pupils, according to legal advice reportedly given to ministers. The draft guidance, published for consultation by Education Secretary Gillian Keegan and Equalities Minister Kemi Badenoch, states that schools have no general duty to allow a child to 'socially transition', including changes to names, pronouns or uniforms.
Whitehall lawyers warned that following the guidance 'carries significant legal risks' and may breach the Equality Act, according to Schools Week magazine, which said it had seen leaked information. School leaders responded by saying they were now taking legal advice amid fears that adhering to the ministerial guidance could land them in court.
Geoff Barton, general secretary of the Association of School and College Leaders, said it was 'vital that schools and colleges have the assurance that any guidance they are following does not expose them to the risk of legal action'. The government insisted the guidance was lawful and would help schools navigate complex issues by urging caution and parental involvement.
Human rights lawyer Kate Egerton of Leigh Day said it was 'not surprising' the legal advisers had warned of a high risk of challenge, as the guidance was 'probably unlawful under equality and human rights legislation'. She added that following the proposed guidance 'could put teachers in breach of their legal duties to trans children'.
The draft guidance says primary school children should not be addressed by pronouns differing from their 'sex-based pronouns', and that parents should not be excluded from decisions about a child's social transition, except in rare cases of significant harm. It acknowledges that the guidance 'covers areas that remain untested in the courts'.
