Transgender guidance delay ‘allows schools to write own rules’

SCHOOLS will continue to set their own policies on transgender pupils, including whether to tell parents if a child has changed their name, as the Government delays new guidance, it is feared.

The Department for Education has been working on national guidance for head teachers regarding transgender pupils since April. However, Whitehall sources have said that this will not be ready by the new school year.

The guidance, which is being drawn up with the support of the Equality and Human Rights Commission, is expected to include clear instructions about keeping parents informed if a child says they want to become known socially by a new name and gender identity.

It will also advise schools on which changing rooms can be used by transgender pupils, whether they can join single-sex sports teams, and what uniform they should wear.

Teachers have a legal obligation under the 2010 Equalities Act to protect pupils from discrimination but there is no national guidance for schools on how to deal with pupil requests to socially transition.

It is understood that James Cleverly, who was appointed Education Secretary last month after his two predecessors resigned within days of each other, has no appetite to bring forward such a major policy before a new prime minister and cabinet are in situ. The guidance, which will have to be signed off by the Attorney-general, is not expected until next year.

Rebecca Bull, a workplace discrimination lawyer and co-founder of the Sex Matters campaign group, said that it “seems very likely” that without clearer Government guidance, parents would continue to be “kept in the dark” about children who tell teachers they are socially transitioning.

She said: “We’ve had teachers get in touch with us saying in some schools this is continuing to happen even now – children being transitioned socially without parental consent, and in some cases teachers raising safeguarding concerns about that and the school saying that they won’t inform parents.”

She added: “They’ve got an incorrect understanding of their position and an incorrect understanding that socially transitioning children is actually setting them on a medical pathway and they are not qualified [to do that].”

Tanya Carter, of the Safe Schools Alliance, said: “One of the main issues is that schools are socially transitioning children behind parents’ backs.

“We’ve got mixed-sex toilets and mixed-sex changing rooms … schools should have an understanding of safeguarding but we are dealing with some schools where they are using off-theshelf material from external groups and there needs to be clear instructions from government that this needs to stop.”

Robert Halfon, chairman of the Commons education select committee, said the Department for Education “needs to get some guidance out for the autumn term.

He added: “I’m not quite clear why there needs to be such a delay.”