Transgender pupils ‘must be given extra PE breaks’

SCHOOLS have been told they may be breaking the law if they do not allow extra breaks in sports lessons for transgender pupils.

Advice from councils warns that the practice of chest-binding – which is common among youngsters changing from female to male – can lead to ‘breathing difficulties and fainting’.

And if pupils are put at risk or treated less favourably as a result of being transgender, schools could be in breach of discrimination legislation.

Guidance on how to deal fairly with transgender pupils has been produced by a number of local authorities including Lancashire, Cornwall, Brighton and Hove, Edinburgh and the Scottish Highlands.

It comes in the wake of the Equality Act 2010, which for the first time gave transgender people explicit protection from discrimination – and gave local authorities a duty to protect their rights.

Guidelines from Lancashire County Council say: ‘If you have young people who bind their chests, monitor them carefully during physical activities and in hot weather. It may be necessary to subtly offer more breaks.’

Meanwhile Cornwall Council advises: ‘A female-to-male adolescent who is developing breasts may strap down their chest so that it is less obvious. This can be hot, uncomfortable and restrictive – but very important to their psychological wellbeing.

‘It might make certain PE lessons difficult for them and could lead to breathing difficulties, skeletal problems and fainting.’

To fulfil their obligations under the Act, a number of councils also advise risk assessments be carried out ahead of competitive sports – because male-to-female pupils may have a physical advantage if playing against other girls.

And males who were born female could be physically weaker than those they are playing against – which could be dangerous in contact sports such as rugby.

Several authorities also provide guidelines for school trips where children sleep in dormitories. They say sleeping arrangements ‘ will need to be thought about’ and that a transgender youngster may prefer to have a room of their own.

Lancashire County Council advises that a risk assessment be carried out on the provision of toilets and changing rooms, as does Edinburgh Council. It says that where possible transgender young people should be allowed to use the toilet that aligns with their gender identity but that ‘some transgender young people may have concerns for their safety’.

University students have led the call for gender neutral, or ‘nonbinary’, toilets in their own institutions – and schools are now being encouraged to provide unisex facilities and gender-neutral uniforms.

But some education experts have criticised councils for failing to keep the issue in proportion. Alan Smithers, professor of education at the University of Buckingham, said: ‘There are children who feel that they have a different gender from their biological make-up and clearly they need to be treated sensitively – staff need to treat each situation on its merits.

‘However, if you come up with a whole set of rules on toilets and so on, I think you are unnecessarily complicating the lives of schools – creating a bureaucracy that results in tick boxes which take up an inordinate amount of time and energy.’

The advice from local authorities has been produced in conjunction with a number of youth charities, and has been released over several months and years. The Department for Education has also issued guidance for schools.

Sir Michael Wilshaw, head of Ofsted, said earlier this year that he supported gender-neutral toilets in schools to help trans pupils as long as they were ‘well-policed and well-supervised’.

Members of the Association of Teachers and Lecturers union have also described transgender students as ‘the issue du jour’.

A more open approach to the subject can mean all-girls schools having their first ever male pupil if a youngster ‘comes out’ as transgender during their studies – and vice versa for all-boys schools.