On 12 Feb, the Department for Education opened a consultation on proposed changes to the statutory guidance Keeping children safe in education (KCSIE). This draft guidance makes new recommendations in relation to trans, non-binary and gender diverse students.

This new draft leaves gaps and raises further questions, and we believe some of the recommendations, which would become statutory guidance, pose risks to the wellbeing of trans children and young people.

Wellbeing of the child

The draft guidance recommends that when a child requests support with social transition from their school, that schools should be flexible and respond by considering the “best interests of the child and other children.”

It is important to reject a ‘one size fits all’ approach and to prioritise the welfare and wellbeing of all children including those who are gender questioning. The new guidance includes an appreciation that children who are gender-questioning must be considered as individuals. The experiences of trans, non-binary and gender diverse children and young people are unique, and the support they receive should reflect this.

However, we are concerned that the phrasing of this could be misinterpreted to imply that a child socially transitioning could be harmful to their peers, which would be discriminatory.

Disclosure to parents

The draft guidance also recognizes that, in a small number of cases, parents should not be informed about a child disclosing that they are exploring their gender if teachers believe that there is a safeguarding risk in doing so.

At Mermaids, we hear from a significant number of young people who sadly do not have supportive families, and who sometimes face the risk of violence, abuse, or homelessness from those closest to them.

A key principle of safeguarding is promoting the welfare of all children and ensuring that all children should be supported to achieve the best outcomes.

Where children and young people who are trans or questioning their gender feel unsafe or unable to turn to a trusted adult for support, this can have a hugely detrimental effect on their mental health and wellbeing. The prioritization of a child’s wellbeing, focusing on what is in their best interests, is paramount. This must apply to trans children and young people as equally as it would be applied to their peers.

The draft guidance is unclear about what would happen to a child requesting to socially transition, where it is agreed that disclosing this to the parents would be a safeguarding risk. How then would the school be expected to handle the request?

Medicalising social transition

Furthermore, we are concerned that the guidance recommends seeking clinical advice where a child or young person, or parent or carer talks about social transitioning.

Our concern is two-fold. Firstly, social transitioning is not a clinical issue, so it feels discriminatory to require clinical advice before socially transitioning.

Social transitioning can mean wearing a different uniform, trying a new hairstyle, or a new name. Students who are not trans would never be required to seek clinical advice before changing any of the above.

Furthermore, the current pressure on children’s gender identity services means that current waiting times for a first appointment are five years or more. It is highly unlikely that a school or college would be able to access expert clinical advice on social transitioning in a timely manner.

Prejudicing a child’s gender autonomy

The guidance also states that “sometimes young children also go through a period of questioning their gender but for the majority this will not continue into adulthood, while a small proportion may continue to question their gender and this feeling may intensify into puberty.”

Whether a child continues to explore their gender when they reach adulthood is irrelevant: all children, whether they conform to their sex assigned at birth or not, should be given the same opportunities and support so that they can thrive in education and at home. Children and young people can and do question and explore their gender at any age.

The undertone of much of this guidance suggests a belief that for most children, being trans or questioning their gender is a phase that they will grow out of. This assumption is harmful because it dismisses the feelings, experiences and autonomy of children and young people.  

Segregation and exclusion

We are also concerned about the guidance’s suggestion of enforcing segregation of trans children and young people around toilets and changing facilities.

Many of the trans youth we speak to on our support line and in our community groups are highly distressed at the prospect of being unable to access facilities which align with their gender identity rather than their biological sex.

We are hearing from young people and families that some young people are already refusing to go to school and withdrawing from much loved sports and social activities because of this segregation. Being denied the same opportunities of their peers risks a significant negative impact on trans young people’s mental health, wellbeing, and development.

Just last year, research into the experiences of almost 4000 trans young people found that over half of young people who spoke to their GP about being trans between 2011 and 2021 had a record of anxiety, depression or self-harm at some time before reaching the age of 19. 

We are concerned that some schools and colleges will not be able to create additional inclusive spaces for trans youth, further increasing the risk of exclusion and worsening the mental health crisis that trans young people are already experiencing.

All young people deserve an accepting and supportive school environment to learn and be their authentic selves.

We urge the government to fully consider the implications of this guidance, and consider the views of trans children, young people and their parents and carers before finalising the guidance.

We are working with our partners in the sector to take action to ensure any final guidance is inclusive and supports all students to thrive – sign up to our mailing list to be the first to hear about how you can get involved.

Mermaids is here to support all children and families who are impacted by this guidance. Know that we are here for you if you need to talk to someone about how you’re feeling.

Our support line is open from 1pm-8:30pm on weekdays: Call 0808 801 0400 or access webchat support.