Let trans boys in girls’ schools, draft equalities guidance says

GIRLS’ schools would have to admit transgender boys under proposals being considered by the equalities watchdog.

The confidential Equality and Human Rights Commission (EHRC) draft guidance, leaked to The Telegraph, reveals that admissions of trans students to single-sex schools may be considered on a “case-by-case approach”.

Schools were supposed to be issued with the first official national guidelines on transgender children in March 2018. Changes to guidelines were to tackle issues such as what pronouns teachers should use for trans pupils, as well as guidance on changing rooms, uniforms and bullying.

However, they have still not been published. The EHRC says it sought views from teachers, education experts, women’s groups and trans groups, and it is understood that this is the cause of the delay.

However, The Telegraph can reveal details of the draft guidance, entitled “Trans pupils: guidance for schools in Scotland on the Equality Act 2010 – Confidential DRAFT”. It says: “A refusal to admit a trans pupil to a single-sex school which is the same as the pupil’s sex recorded at birth would be discrimination. Admitting such a pupil will not affect the school’s single-sex status.

“A pupil who has transitioned, or wants to, must be allowed to continue to attend the school; to remove them would amount to direct gender reassignment discrimination.” The document also says: “An admission policy of only admitting pupils in accordance with their sex recorded at birth would particularly disadvantage trans pupils, and be indirectly discriminatory against trans pupils unless it could be demonstrated to be a proportionate means of achieving a legitimate aim.”

The guidance also urges schools to install gender-neutral lavatories, changing and shower rooms wherever possible. The document says if not, “trans boys and trans girls can use the single-sex facilities that align with their gender identity if they wish to do so.”

Kiri Tunks, co-founder of Woman’s Place UK, a women’s campaign group, said: “This guidance shows what a mess we create when we conflate sex and gender. The EHRC seems very confused about the difference.”

However, a spokesman for Mermaids, the charity which supports transgender youth in the UK, said: “We

‘Only admitting pupils in accordance with sex recorded at birth would be discriminatory’

believe in every transgender child’s right to live their life freely and with support and understanding.”

According to the latest research by Stonewall, the LGBT charity, almost half of all LGBT pupils still face bullying at school, and more than two in five trans young people have tried to take their own life. A spokesman for the charity said: “It’s vital all schools take active steps to create inclusive environments for trans pupils or those who may be questioning their gender.”

An EHRC spokesman said: “This document is a draft. It will be an important document for schools to help them support all children and meet their legal duties under the Equality Act.”

A Scottish government spokesman said: “We want all children to be free from discrimination, so they can learn and reach their full potential.

“In June, the Scottish government confirmed we will bring forward updated guidance in this area.”