Commenting on the draft Department for Education (DfE) guidance for schools and colleges on gender questioning children, the consultation on which closes today, Dr Patrick Roach, General Secretary of NASUWT – The Teachers’ Union, said:

"Schools and colleges, quite legitimately, have sought advice and guidance from the government about how they can best provide care and support for gender questioning children. They have requested clarification on the expectations ministers have of them in this respect. They have asked for advice that ensures they give priority to the best interests of these children, as they seek to do with all children. They have also continued to request guidance that reflects the reality of the circumstances they and such children and their families face. Schools and colleges need guidance that includes sensible and credible interpretations of their legal duties.

"However, the DfE's draft guidance falls short of what schools and colleges have a right to expect from the Government.

“Teachers and headteachers need to be confident that following guidance from the Government will not conflict with other legal and statutory obligations, such as the Equality Act 2010, or Keeping Children Safe in Education safeguarding laws.

“In our view, the draft guidance fails to provide effective support on practical issues that schools and colleges may face, including on working with children who have already transitioned with the support of their families. It also fails to address the issue that teachers, schools and colleges rarely have access to adequate support on these matters from external agencies.

"We urge the Government to consider fully the concerns raised in response to this consultation. The draft guidance should be withdrawn and replaced with guidance that provides meaningful and appropriate information and advice that enables schools and colleges to act with confidence in what is a complex and sensitive aspect of their work."


Notes to Editors

NASUWT’s full consultation response on the DfE’s draft guidance for schools and colleges on gender questioning children can be found on the list here.

For further examination of the manner in which the draft guidance may conflict with schools’ and colleges’ responsibilities under the Equality Act 2010, please see points 27-31 in the consultation response.

For further examination of the manner in which the draft guidance may conflict with schools’ and colleges’ responsibilities under the Keeping Children Safe in Education statutory guidance, please see points 33-35 in the consultation response.