Trans pupils set to be banned from some school toilets and changing rooms

TL;DR: The long-awaited Transgender Schools guidance could force schools to take a gender-critical approach, that the government has called “Parent First”. But it could also provide loopholes to make transphobic actions possible by teachers and schools. 

The long-delayed school's guidance for trans kids was announced this week and will now go into a 12-week consultation. If it goes ahead, it will enforce a gender-critical approach to trans children’s pronouns use of toilets and uniforms.

It says schools should make sure “social transition is extremely rare”, which could create a chilling effect similar to the devastating impact of Section 28’s ban on schools talking about people who are gay. So, what does it set out?

Transgender school's guidance principles 'are about putting “parents first”'

The government says it’s been drafted with the interim conclusions from the Cass Review in mind. It repeats the claim from the report that social transition is not a “neutral act” - which means to say, gender-critical and transphobic people contest the growing body of evidence that gender-affirming care is saving lives. As such, it sets out that schools should only consider any form of “social transition” as an “extremely rare” option. 

It also sets out that “parents should be involved in decisions about their children’s lives, and that significant decisions affecting a child’s future should not be made without parents being involved.” 

What does the Transgender school's guidance say about toilets, changing rooms, and sports?

The guidance, under consultation, sets out that ‘biological sex’ a phrase championed by gender-critical campaigners, is the overriding factor as to who can use what spaces, setting out that sports should “almost always” be split between boys and girls biological sex, as should changing rooms and toilets for those over the ages of 8. 

Analysis: The implication of this could be that some trans pupils could be banned from using some toilets or taking part in sports. 

What does the Transgender school's guidance say about changing names or pronouns? 

It says pupils “may be allowed to informally change their names if it is in the best interests of the child”, but crucially, only if the “parents have been fully consulted.” 

But, on pronouns, it says schools can decline to use a child’s pronouns and bans primary school aged children from having different pronouns to their sex assigned at birth. It further sets out that teachers and pupils can’t be compelled to respect the pronouns of a trans student unless there is a safeguarding issue and “all other” routes have been considered first.

What does the Transgender school's guidance say about uniforms?

It sets out that “in general” a trans child should be “held to the same uniform standard as other children of their sex”. The implication here pulls from the concept this guidance wants to prevent schools from allowing children to “socially transition” except in “extremely rare” cases. It does say schools may agree to changes or exceptions on a case-by-case basis but bans them from allowing any changes to swimwear. 

Analysis: Worse than Section 28, because it will be harder to revoke

It’s clear why there has been a great deal of back and forth in the wording of this guidance. It toes the line just carefully enough to be able to claim to respect transgender people’s rights within the Equality Act. But its impact, regardless of this, will be devastating. 

It will send a message to a generation of young people that being trans is something to be ashamed of, to hide, to not recognise and will create an even bigger target on young trans kids' backs. The legacy of this non-statutory guidance will be even harder to unpick than Section 28’s because, unlike that law - there is nothing to repeal, and therefore, the hangover of any withdrawal or changes later will be more complex to communicate and confirm. 

What can I do? This guidance now enters a 12-week consultation period - and so while some of the chilling effects it may have had already begun, it hasn’t been sent to teachers yet. If you have opinions on the guidance, you can respond to the consultation on GOV.UK

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