What’s in the new Trans Guidance for schools?

Finally, after months of delays and internal debates and wranglings, the Government has published the updated draft trans guidance for schools in England. A public consultation is being held on the proposals which runs until 12 March 2024.

According to the Department of Education press release this morning, the aim of the guidance is to help teachers on how best to support pupils questioning their gender in schools.

The guidance has been developed with expert clinical view and interim conclusions from the Interim Cass Review in mind. Crucially, this review set out that transitioning is not a neutral act.

Highlights from the draft guidance are as follows:

• Therefore, the guidance says social transition should be ‘extremely rare’. The guidance also reasserts that parents must be involved in any decision about their children’s lives. No child should be set on a medical pathway for transition without parents being involved.
• Schools and colleges do not have to accept and indeed, should not accept, all requests for social transition. A cautious approach should be adopted, including waiting periods and parental involvement.
• Schools should ensure competitive sport is fair. This will almost always mean separate sports for boys and girls. Safety and wellbeing should be prioritised in making decisions on sport.
• If it is agreed that a pupil can socially transition, children, teachers and staff should not be required to adopt the use of preferred pronouns and there ‘must be no sanction, verbal or otherwise’.
• In general, gender questioning pupils should be held to the same standard of uniform as other children of their biological sex.
• Schools must provide sex-separated toilets for pupils aged 8 or over. Suitable changing accommodation and showers for pupils aged 11 or older must also be provided.
• Single-sex schools, under the Equality Act, can refuse to admit pupils of other biological sex, regardless of whether the child is questioning their gender. However, a school cannot refuse to admit a child of the same biological sex on the basis they are questioning their gender.

In summary, this guidance is not perfect, but it undoubtedly marks a move in the right direction. Some of this draft guidance is encouraging. The clarification around parental involvement is a step in a better direction, although it is shocking that we ended up in a place where this was needed in the first place.

The guidance that if a pupil is allowed to socially transition, pupils and staff do not have to adopt the use of their preferred pronouns is also welcome. This is a fundamental matter of conscience, even if Bible believing Christians may take differing views on this matter.

According to media reports in the run up to this draft guidance being published, there was a desire to ban social transition completely. This is certainly something many Christians would support on account of the potential harm involved in transitioning. However, the draft guidance stops short of this and some will see this is a significant misstep. Certainly there are MPs, teachers and campaigners who will criticise this draft guidance for not going far enough.

As followers of Jesus, we look to God’s word and especially the origin chapters in Genesis to help us grasp God’s design and better story for gender. What we read there is clear: God made us male and female. Together, we reflect the image of God. All humans have dignity and value. We can stand resolutely against the harm of social transition, but do so in a way that reflects the grace and love of God.

You’ll find more Transgender resources from CARE on our website.

The draft guidance is subject to a 12-week public consultation which finishes on 12 March 2024.

You can respond as an individual via the Government’s website.

Once the consultation has concluded, the final guidance will then be issued. It remains to be seen if there are any changes to the draft guidance as a result of that exercise.