In July, the Department of Education released new statutory guidance ‘Keeping Children Safe in Education’, for schools and colleges in England. This guidance will come into effect on 1st September 2026.
The guidance covers various topics, from single-sex facilities to social transition and more, which will impact how schools and colleges can support trans, non-binary and gender diverse students.
Much of the language around trans children and young people in this guidance is confusing and contradictory. We know that will make it more difficult for schools and colleges to be confidently supportive of trans students.
So, ahead of the autumn term beginning, we’ve worked through the guidance and pulled out the key sections which pertain to trans children and young people in an attempt to set out what the guidance will mean in practice for our community. By doing so, we hope to provide young people with a clear breakdown of how these changes will impact them and provide information to assist them in advocating for themselves.
We’ve also done this with the aim of providing parents, carers and teachers with some clarity as to the reality of the guidance and how they can support trans students in schools and colleges.
We recognise that this guidance has caused, and will continue to cause, distress for the children and young people, and parents and carers who we support.
Children and young people already face so many hurdles as they grow up. It is unconscionable that on top of this, trans young people are reckoning with increasing scrutiny and relentless waves of damaging policies and legislation.
If you need to talk to someone about how you are feeling, we are here for you. Reach out to our Support Line via phone, email or webchat.
Notes on language
There are some key differences in the language we will use in this blog and the language used in the guidance:
- The guidance uses the term “biological sex”, we instead use the term “sex assigned at birth”.
- The guidance uses the term “gender-questioning children”. We use the term “trans children” here to refer to trans, non-binary and other gender diverse identities.
How the ‘Keeping Children Safe in Education’ guidance will impact trans children and young people
The Department of Education’s ‘Keeping Children Safe in Education’ guidance has the potential to impact trans children and young people in various aspects of their school life. Although the guidance is statutory, meaning it must be followed by all schools and colleges in England, it is important to note that there are some instances where the guidance may be deviated from:
- Where the word ‘must’ appears in the guidance, it cannot be changed.
- Where the word ‘should’ appears, the guidance should be followed in the first instance unless there is a very good reason not to – this reason must be agreed and recorded.
Contents (jump to section)
What the guidance says about sports and PE
The guidance says that single-sex sports can be provided “where the physical strength, stamina or physique of the average girl would put her at a disadvantage in competition with the average boy (or vice versa).”
Where there are safety concerns around inclusivity in sports, there are no exceptions.
Where there are no safety concerns, schools can consider a request as long as they consider the potential impact on other children and young people.
What this means for trans students:
- There are times when a trans child or young person may not be included in sports lessons provided to those of the opposite sex assigned at birth.
- There will be opportunities for all children and young people to play sports together where there are no safety concerns.
What this doesn’t mean:
- This does not constitute an outright ban on trans inclusion in sports and PE.
What the guidance says about single-sex facilities
Bathrooms
The guidance says that schools must not allow children and young people into toilets designated for the opposite sex assigned at birth.
Schools must provide separate toilets for boys and girls from age 8 (apart from where individual toilets are in a room that can be locked from the inside, intended for use by one pupil at a time).
If a trans child or young person does not want to use the toilet designated for their sex assigned at birth, schools and colleges should consider whether they can provide an alternative toilet facility, without compromising the provision of single-sex facilities. For example, this could be self-contained individual toilets.
Mixed sex toilets can be provided as well as single-sex facilities after assessing safeguarding risks (mixed-sex toilets should be in individual, lockable rooms and open directly onto public areas).
What this means for trans students:
- From age 8, individual facilities can be provided instead of or as well as single-sex toilets.
What this doesn’t mean:
- This does not mean that only single-sex facilities need be provided.
Changing rooms
The guidance says that schools must not allow a child, aged 11 years or older at the start of the school year, to undress in front of a child of the opposite sex assigned at birth.
If a trans child or young person does not want to use the changing rooms and showers designated for their sex assigned at birth, schools and colleges should consider whether they can provide an alternative changing or washing facility. This could be a fully enclosed room for use by one person at a time that can be secured from the inside, or by allowing access to facilities at an alternative time.
What this means for trans students:
- This does not mean that trans children and young people must undress in front of peers of the same sex assigned at birth.
What this doesn’t mean:
- If a trans child or young person does not want to share changing facilities with students with the same sex assigned at birth, schools should seriously consider providing alternative single-person facilities or use facilities at an alternative time to other children and young people.
Overnight trips and accommodation
The guidance says that schools and colleges must not allow a child or young person to share accommodation with a child of the opposite sex assigned at birth.
If a child or young person does not want to share a room with a peer of the same sex assigned at birth, alternative arrangements should be sought where possible. They might include, for instance, finding a suitable separate room for them.
What this means for trans students:
- The needs and wishes of trans children and young people must be considered when boarding or sharing accommodation.
What this does not mean:
- This does not mean that trans children and young people should be forced to share accommodation with children of the same sex assigned at birth.
What the guidance says about social transition
Social transitioning can mean wearing a different uniform, trying a new hairstyle, or a new name. The guidance states the following regarding this:
- Time should be taken to understand the thoughts and feelings of a child or young person asking to socially transition, and any vulnerabilities that may arise from socially transitioning (the Department for Education provides examples such as mental health, familial relationships and bullying).
- Records should be kept regarding social transition, including the use of alternative facilities.
- Schools and colleges should consider adopting policies across school and college life that maintain flexibility and avoid rigid rules based on gender stereotypes.
- When discussing social transition with a child or young person and their parents or carers, schools must explain that supporting any degree of social transition will not include:
- allowing access to toilets, changing rooms or boarding or residential accommodation designated for the opposite sex assigned at birth
- allowing children and young people to join PE classes designated for the opposite sex assigned at birth where there are safety reasons for single-sex provision.
What this means for trans students:
- The approach of the school or college in supporting a child or young person’s social transition should be the same across the establishment.
- Potential risks to the child or young person should be assessed and recorded.
- Schools can be flexible in their approach to uniform policy.
- Socially transitioning at school does not necessarily give a trans child or young person access to facilities that align with their gender, although alternative facilities might be provided.
What this does not mean:
- This does not mean that schools cannot support social transition.
- This does not mean that parent and carers should automatically be informed of their child’s wish to socially transition.
Social transitioning at primary school age
The guidance states that primary schools should exercise caution regarding requests for social transition. The Department for Education states that they would expect support for full social transition to be agreed very rarely.
This does not mean, however, that primary school aged children should be denied social transition.
Parent and carers’ involvement in social transition
The guidance states the following regarding the involvement of parents and carers in the school’s decision to allow a student to socially transition:
- It is not for schools or colleges to initiate action with regards to social transition.
- Members of staff should not adopt any changes relating to social transition unless a decision has been made by a school or college and a child or young person’s parents or carers have been involved.
- In most cases the school or college should work with parents and carers to determine what is in the best interests of the child or young person.
- Parents or carers should be actively involved, and their views should ‘carry great weight’ and be ‘properly considered’.
- In circumstances where involving parents or carers in discussions about social transition would constitute a greater risk to the child or young person than not involving them, the school or college should involve their Designated Safeguarding Lead to determine what action is needed to safeguard the child or young person, before the parents or carers are contacted or any decisions are taken.
- In cases where a child or young person confides in a member of staff about their feelings regarding their gender but does not ask the school or college to make changes to how they are treated, there is no reason to break any confidence unless there is a related safeguarding risk.
- Schools and colleges should explore how best to support conversations with parents, including offering a staff member to be present or to speak to parents or carers on the child or young person’s behalf.
What this means for trans students:
- Requests for social transition should come from the child or young person and/or parents/carers.
What this does not mean:
- If a child or young person discusses their feelings about their gender with a teacher, this does not constitute a request to socially transition. Therefore, there is no need to inform anyone about this unless there is a safeguarding concern.
What the guidance says about bullying
The guidance says that schools and colleges should make sure that children and their families are aware that they will appropriately sanction any cases of bullying or harassment and take a strong stand against bullying. It also says that schools and colleges must also be conscious of the rights of pupils and staff in relation to their religion or beliefs.
However, schools and colleges supporting social transition might consider discussing options with pupils and staff such as addressing a trans child or young person with their name instead of pronouns.
What this means for trans students:
Bullying and harassment should not be tolerated in schools and colleges from either staff or pupils.
Where pupils and/or staff feel unable to use the correct pronouns for a trans child or young person, they should be supported to address the student in a way that does not cause distress.
What this does not mean:
This does not mean that misgendering and/or deadnaming should be tolerated, no matter the reason for doing so.
What the guidance says about the Equality Act
The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society. It sets out the different ways in which it’s unlawful to treat someone.
Trans people are protected from discrimination under this Act. You can find out more about transphobic discrimination and the law on Transactual’s website.
The ‘Keeping Children Safe in Education’ guidance says that where a policy concerning trans children and young people puts them at a disadvantage compared to cis children and young people, the school or college should consider whether the policy has a legitimate aim and if it is a proportionate way of achieving that aim.
Schools and colleges must undertake this balanced consideration to ensure that they do not discriminate against children or young people with the protected characteristic of gender reassignment when taking decisions in this area.
Where a school feels unable to determine whether a child or young person has the protected characteristic of gender reassignment, they must proceed as if the child or young person does have the characteristic.
What this means for trans students:
- Trans children and young people have the protected characteristic of gender reassignment and are protected from discrimination.
- Exceptions under the Equality Act are allowed where they are proportionate and have a legitimate aim.
- It is not for schools and colleges to decide if a child or young person has the protected characteristic of gender reassignment or not.
What this does not mean:
This does not mean that the protected characteristic of “sex” overrides that of “gender reassignment” (or the other way round).
What the guidance says about recordkeeping
The guidance legally requires schools and colleges to record a child or young person’s biological sex accurately wherever it is recorded. It also says that schools and colleges should make sure that all relevant staff are aware of a child or young person’s sex assigned at birth in all cases.
What this means for trans students:
- Accurate records must be kept in relation to sex assigned at birth.
- A trans child or young person’s sex assigned at birth may be known by staff who have a legitimate reason to know this information.
What this doesn’t mean:
- This does not mean that all staff and pupils should know about a trans child or young person’s sex assigned at birth.
- While sex assigned at birth must be recorded, this does not mean that gender identity cannot be recorded too.
Conclusion
While we hope that this explainer makes it as easy as possible for trans children and young people and their parents, carers and teachers to advocate for inclusion in their schools and colleges, we are fully aware and concerned that this guidance sets out damaging limitations that will make school life even more difficult for trans children and young people. This may result in increased absenteeism, in turn leading to poorer outcomes for these children.
It is important to remember that the guidance does not remove schools and colleges’ duties to listen to students, provide pastoral support, consider equality impacts, safeguard, and prevent bullying.
It is vital that schools and colleges do not overlook the needs of trans children and young people in every aspect of school life, if they are to uphold their Public Sector Equality Duty. They are required by law, the guidance explains, to “have due regard to the need to eliminate unlawful discrimination, harassment and victimisation, advance equality of opportunity, and foster good relations between people who share a protected characteristic and those who do not.”
Schools and colleges can and must still take steps to support and include trans children and young people, and to take transphobic bullying seriously.
All children and young people must feel heard and understood in schools. This means safe, confidential and trustworthy routes to support for everyone.
We will continue working with our partners in the sector to advocate for schools’ guidance that supports an accepting and supportive school environment where all students can learn and be their authentic selves.
We will never give up on our vision of a safe, inclusive society where trans children and young people are empowered to live their best lives.
Please remember that if you need to talk to someone about how you are feeling, we are here to listen. Get in touch with our Support Line via phone, email or webchat.
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