Transgender children in England will be able to socially transition at school, subject to conditions to be detailed in guidance issued to schools later this year.
The guidance is said to take “a presumption against” children transitioning to a different gender at school but is likely to allow them to change their preferred names, pronouns or uniforms. It marks a climbdown from reports that some ministers were seeking to ban social transitioning within schools entirely.
Ministers ruled out a ban on social transitioning after concluding it would require primary legislation to avoid conflicts with existing equality and discrimination law, and could prove to be unworkable.
Geoff Barton, the general secretary of the Association of School and College Leaders, which represents many secondary school leaders, said the reports of a “presumption” against social transitioning could create further difficulties for staff.
He said: “We are extremely concerned that following this advice may leave schools and colleges open to legal challenge under the Equality Act. We would urge the government to ensure that the guidance does not create more problems than it solves.”
However, a government source said the guidance had not been finalised and was still the subject of discussions.
The latest draft is said to include a requirement that parents be informed if their children tell school staff they want to change their gender identity, a key demand of some Tory backbenchers and campaign groups.
Headteachers will also be advised to maintain separate toilets, changing rooms and sports for girls and boys.
The draft guidance still needs to be sent to other members of the cabinet for their agreement, and is scheduled to be published “in weeks” before the start of the Christmas school holidays.
Rishi Sunak had pledged that the guidance, first proposed in 2018, would be published by the end of summer term this year, but splits within cabinet appear to have further delayed publication, with different drafts circulating among ministers.
Barton said: “We’ve been asking the government for guidance for schools and colleges on provision for transgender and gender-questioning pupils for the past five years – and we raise this matter on a weekly basis. Nothing has emerged other than press reports from time to time about what the government may or may not do.
“In the meantime, schools and colleges have to navigate this highly contentious area on their own and without any guidance they can point to when they are challenged on the decisions they make.”
A survey earlier this year found that 75% of secondary school teachers in England said they had taught pupils who had come out as transgender or non-binary.
A government spokesperson said: “Given the complexity of the issue, we’re taking the time to make sure the guidance we provide is clear. That work is ongoing.
“Any degree of social transition could have significant consequences for a child, so it’s vital the right safeguards are in place. The government has been consistently clear about the importance of biological sex, and the guidance will reflect that.”
The Daily Mail reported that Gillian Keegan, the education secretary, and Kemi Badenoch, the minister for women and equalities, were now in “a good place” over the non-statutory guidance for state schools, having previously differed over how restrictive the guidelines should be.
Badenoch is said to have wanted to include a ban on social transitioning but legal advice from Victoria Prentis, the attorney general, was that such a ban would be unlawful.
