Teachers in England will not be made to automatically “out” pupils who come to them with questions over gender identity, despite a push from Conservative rightwingers for a blanket approach, government guidance due to be published this week will say.
Schools will be expected to inform parents if children tell staff that they want to take any steps towards transitioning, but they will not have to flag conversations if children are just asking general questions, or in the event of safeguarding issues.
The decision to keep some protections in place so that children are not automatically outed is likely to frustrate some on the Tory right who have been pushing for parents to be told in all circumstances.
“Children can be very confused about these things and just want to have a conversation about it and what it all means with a trusted adult,” one government insider said. “That shouldn’t necessarily mean it is automatically flagged to parents.”
Rishi Sunak had initially pledged to deliver the guidance by the end of the summer term but missed his own deadline after months of internal disagreements on the issue, including over whether the guidance would be compatible with equalities law.
The government initially considered introducing an outright ban on social transitioning – when children change their names, pronouns and uniforms but have not yet embarked on a clinical path – but concluded it would require new legislation.
Ministers had also hoped to include an absolute ban on primary school children transitioning in this way, but this also potentially breached equality law.
Sources said the guidance would be “as close to a ‘no’ as possible” for younger children without running counter to legal requirements, while primary schools would be urged to take a particularly cautious approach.
The fact that equalities law is preventing the government from going as far as it might will enrage the right of the party. However, Tory insiders suggested that Kemi Badenoch, the equalities minister, had no plans to change the law to drive through changes.
“She would generally like to go further but can’t because she’s not prepared to take action on the legislation,” one said. “If you open up the equalities act then lots of other groups would want to make changes and you’re also likely to have people pushing for stronger protections on trans issues than we already have.”
The guidance is expected to advise schools to maintain separate toilets, changing rooms and contact sports for girls and boys. Plans for children to have to see a doctor before being allowed to socially transition as part of a compulsory “clinical gateway” have been dropped after the NHS said it did not have capacity.
Government sources said there was no longer any disagreement between Badenoch and the education secretary, Gillian Keegan, on policy, although they conceded there were differences in tone after Badenoch suggested schools were facing an “epidemic” of children saying they are transgender.
The guidance will not come into effect in classrooms until the spring as there will be a 12-week consultation period first. It will be in place before the next general election, during which the Tories are expected to use it as a wedge issue with the Labour party.
