Transgender and gender questioning guidance update
In December 2023, the Department for Education (DfE) released draft non-statutory gender questioning guidance for schools for the purpose of a consultation. That consultation concluded in March 2024 and given the election; no final version of the guidance was released.
We understand that the DfE received a significant number of responses, and it would have taken some time for these to be considered. Since the draft guidance was issued, the Cass Report made recommendations on transgender children, aimed at the NHS, which struck a slightly different tone.
With a new government in place, it is unclear when we can expect any final guidance to be released and how it may change. We would advise schools not to simply follow the draft guidance given it was never finalised, and if guidance is released, it may be substantially different from the original draft.
We continue to receive a significant number of questions about the Equality Act and how it applies to pupils, including to transgender pupils, so we will be launching a six-part CPD course in January 2025 for school leaders.
The aim of the course will be to give school leaders the knowledge and confidence in dealing with what can be a difficult set of topics. The course will cover race, religion, gender/sex, disability, political impartiality, and the public sector equality duty.
To register your interest, drop us an email with your name, organisation and preferred contact details and you’ll be among the first to find out more.
Key contact
Philip Wood
Senior Associate
philip.wood@brownejacobson.com
+44 (0)330 045 2274
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