New draft guidance for schools regarding children questioning their gender identity has been published after a series of delays.
The draft non-statutory guidance, which is now the subject of a 12-week consultation, says that schools do not have a general duty to allow a child to change their gender identity. It also advises schools that parents should not be excluded from decisions relating to requests for a child to “socially transition”, by changing their clothing, name and pronouns.
In a statement, the DfE said that the draft guidance clarifies that schools and colleges “do not have to, and should not, accept all requests for social transition”.
“Where a school considers a request, they should take a very cautious approach, including watchful waiting periods, and ensuring parents are fully consulted before any decision is taken,” it added.
The Department for Education also said that “where safety is a consideration – for example, in physical sport or single-sex spaces – the guidance is categoric that it must never be compromised by allowing a child of the opposite sex to participate in those activities or use those facilities”.
The publication of the guidance is long-awaited and was expected in the summer, but disagreements between ministers have led to delays.
During the wait, Jude Lowson, head at King’s Canterbury told The Telegraph that schools had been left “operating in a vacuum” filled by “polarised” information on transgender issues.
Ofsted chief inspector Amanda Spielman told MPs last year that the guidance was “urgently needed”.
Initial reaction to the draft guidance was predictably divided on social media, with reactions varying from those calling it “a return to Section 28” to claims it is “basic common sense and safeguarding” that should be compulsory.
Geoff Barton, general secretary of the Association of School and College Leaders, said following the publication of the guidance today (Dec 19):
“We have been asking the government to produce guidance for schools and colleges on this complex and sensitive issue for many years. It is frustrating that ministers have dithered and delayed for so long, but we welcome the fact that draft guidance has now been published.
“However, getting to the stage of publication is only one part of the equation – the other important consideration is whether it is actually helpful. We’re now going to spend some time discussing the details with school and college leaders before responding in full to the consultation. In particular, we’ll be reviewing whether the guidance is clear and deliverable and whether it places extra workload on education staff who are already working at full stretch.”