Draft Non-Statutory Guidance on 'Gender Questioning Children' published by the DfE
December 2023 saw the publication of the new draft non-statutory guidance on Gender Questioning Children by the DfE.
The guidance has already caused some controversy and, as it is draft guidance, there is no requirement for it to be followed by schools or academies. Indeed, there has been some publicity about schools and academies in England potentially facing legal repercussions if they adhere to the guidance on the grounds of contravening the Equality Act, although this is not definitive.
Handsam Ltd will keep clients up to date as and when that situation changes following the current public consultation.
Draft Guidance
School leaders and governors may wish to review the draft guidance when considering any current and near-future approaches; however, we would like to highlight that this does not require you to change any current policies. This document is a draft of proposed non-statutory guidance that is still under consultation; therefore, it is not an agreed policy at this time and may change following the consultation.
The Guidance
The guidance, featuring a foreword from Education Secretary Gillian Keegan and Equalities Minister Kemi Badenoch, acknowledges the sensitivity and complexity of children questioning their gender identity. It asserts that schools and academies are facing growing numbers of requests for actions like changing names, uniforms, or facilities to help a child present as the opposite sex. Notably, the guidance states that there is no general duty to allow a child to "socially transition", but lawyers warn of a high risk of successful challenges to this statement.
The public consultation continues.