Teachers in England have been told they do not have to address pupils in their chosen pronouns under new government guidance on how best to support transgender students.
The draft document, released by the Department of Education, was meant to be published before the summer holidays, but was delayed to ensure it met the “high expectations” of teachers and parents.
It states that children, teachers or staff at a school should “not be required to adopt the use of preferred pronouns”.
In the absence of preferred pronouns, the child’s preferred name should be used, with schools having a duty to ensure bullying is never tolerated.
The guidance also states that schools and colleges do not have to, and should not, accept all requests for social transition.
Social transitioning relates to a pupil requesting to change pronouns, names and uniform.
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‘I socially transitioned at school’
“Proper use of this guidance means social transition, in practice, should be extremely rare when the appropriate safeguards are put in place and the child’s best interest taken into account,” the draft states.
Where a school considers a request, the draft states a “cautious approach” should be taken, including ensuring parents are fully consulted before any decision is taken.
Other main points from the draft guidance include:
• Schools should make sure competitive sport is fair for all students, which will almost always mean separate sports for boys and girls;
• Schools must provide sex-separated toilets for students aged eight and over and suitable changing accommodation and showers for pupils aged 11 and over;
• Single-sex schools can refuse to admit pupils of the opposite biological sex, regardless of whether they are questioning their gender;
• A gender questioning child should wear the same uniform standard as other children of their sex;
• Sleeping arrangements like dormitories, tents and shared rooms should be sex separated.
The draft is non-statutory, with parents and teachers now urged to have their say in a 12-week consultation.
On Tuesday, Education Secretary Gillian Keegan said the draft puts the “best interests of all children first, removing any confusion about the protections that must be in place for biological sex and single-sex spaces”.
She said it makes clear that safety and safeguarding for all children must always be schools’ primary concern.
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‘Issue of gender has gone in our school’
Speaking to reporters, Kemi Badenoch, minister for women and equalities, added: “This is comprehensive guidance. It can’t be the case that teachers have a lot of leeway, and we’re also forcing them to tell parents.
“What we are doing is making sure that for those schools who are very confused about what to do, and are getting very bad advice from organisations like Stonewall among others, understand what the government believes should be done.”
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Paul Whiteman, general secretary of school leaders’ union NAHT said on initial look, the draft proposals “leave a lot of questions unanswered”, leaving school leaders in “incredibly difficult” positions.
He said the union will be reviewing the draft proposals and will submit a response to the government’s consultation on behalf of members.
Confederation of School Trusts chief executive Leora Cruddas, concerned at the timing of the release of the document, said: “This will make it very challenging to respond to any concerns felt by pupils, parents and staff until schools return in the new year.”
A spokesperson for Mermaids, a transgender youth support charity, said the guidance was “unworkable, out of touch and absurd”.
The spokesperson said: “Rather than listening to trans young people and reflecting best practice of inclusive educators across the UK, the Government has created more confusion for schools and is putting young people at risk.”
‘Does not go far enough’
But in an early indication of potential unease about the measures on the right of the Conservative party, former prime minister Liz Truss said the guidance “does not go far enough”.
She called for a change in the law rather than non-statutory guidance.
Ms Truss said: “I fear that activists and others will be able to exploit loopholes in the guidance and the existing legal framework to pursue their agenda, leaving children at risk of making irreversible changes and with single-sex spaces not sufficiently protected.”
The former prime minister called on government to back her Health and Equality Acts (Amendment) Bill, which she first put to parliament on 6 December.
Under the proposed bill, social transitioning would not be recognised by schools or the state in children, and puberty blockers and hormone treatment for gender dysphoria would be banned for under-18s.
Speaking ahead of the publication of the draft, the prime minister’s spokesperson said it was a “complex area” and it was right to “take the time to get this right”.
