The government’s long-awaited transgender guidance for schools in England has been delayed partly because of a lack of evidence on the long-term effects of social transitioning, i understands. The draft guidance, due to be published on Tuesday, is expected to advise schools that they are not obliged to allow children to socially transition by changing uniforms, names or pronouns.
The guidance will fall short of demands from right-wing Tory MPs for an outright ban on social transitioning in schools. Attorney General Victoria Prentis warned that such a ban would be unlawful under the Equality Act and would require a change in the law. Senior government officials said legal wrangling over what is allowed under equality law has contributed to months of delays, with the guidance initially expected in July.
The non-statutory guidance will urge schools to inform parents if a child wishes to change their gender identity, with narrow exemptions for safeguarding concerns. Teachers and pupils will not be compelled to use alternative names or pronouns except in exceptional circumstances. Children who socially transition will be allowed to play non-contact sports with their adopted gender if deemed fair.
The guidance will emphasise adherence to the Equality Act, encouraging schools to maintain single-sex toilets and changing rooms, and keep contact sports separate. Ministers received last-minute advice to avoid legal challenges, making the guidance relatively vague. Education Secretary Gillian Keegan said it will undergo a long consultation before finalisation.
Business Secretary Kemi Badenoch, who also holds the women and equalities portfolio, has called for a harder line, echoing Tory MPs Miriam Cates and Nick Fletcher. She described gender-affirming care for children as potentially a new form of conversion therapy. i understands Badenoch may still attempt to bring in a ban on social transitioning, but this would be slow and likely face legal challenges.
