Advice for heads on dealing with trans pupils delayed

Headteachers told they will not get advice on dealing with trans pupils until at least the autumn as Rishi Sunak misses his own deadline of publishing guidance before the summer holidays

  • Rishi Sunak missed self-imposed deadline for publishing before school holidays 

New guidance for schools on dealing with trans pupils could be delayed for months while ministers debate whether to change the law.

Headteachers have urged the Government to issue advice as soon as possible to help teachers navigate the ‘minefield’ of trans rights in the classroom.

But Rishi Sunak missed his self-imposed deadline for publishing before the school holidays after attorney general Victoria Prentis raised legal concerns.

Whitehall sources told the Mail that the guidance now ‘won’t come before the autumn’ and could be delayed further if the Prime Minister decides legal changes are needed to curb the spread of ‘social transitioning’ in schools.

The PM said in March that he was ‘very concerned’ about research suggesting that thousands of schools allow children to self-declare their gender without parental consent.

New guidance for schools on dealing with trans pupils could be delayed for months while ministers debate whether to change the law 

He and the Equalities Minister Kemi Badenoch are pushing for much tougher restrictions on ‘social transitioning’ in the classroom.

But the move has been resisted by the Department for Education.

And Miss Prentis warned the plan would fall foul of Labour’s Equality Act because gender reassignment is a ‘protected characteristic’.

A Whitehall source said Mr Sunak was ready to change the law if necessary, but wanted to explore ‘all options’ first, not least because time is running out to pass contentious legislation before next year’s general election.

‘A change in the law is not impossible,’ the source said. ‘The PM has strong views on what needs to be done in this area.

‘But obviously there are concerns about the legislative timetable so we are stress-testing every possible option. He wants to test out what the limit of the law is in this area before deciding whether or not that is going to be good enough.

‘We have got to get this right and if it takes a little time, so be it.’

Education unions warned that further delays would be a disaster for teachers.

And Conservative MPs urged the PM to push ahead with changes to the law if that was the only way to tackle the dangerous ‘craze’.

Headteachers have urged the Government to issue advice as soon as possible to help teachers navigate the ‘minefield’ of trans rights in the classroom. But Rishi Sunak missed his self-imposed deadline for publishing before the school holidays after attorney general Victoria Prentis raised legal concerns 

Don Valley MP Nick Fletcher said: ‘If we need to change the law to get this sorted out then we should get on and do it.

‘We need a complete ban on this craze of cross-sex pronouns in schools. This is a social contagion that needs to be stopped.

‘If we fail then the victims are going to be these children who start off on a journey by changing their pronouns and then feel that they cannot turn back.

‘School needs to be a place where parents can be confident that their children are safe from this stuff.’

Former minister Sir John Hayes, chairman of the Common Sense Group of Conservative MPs, said: ‘The Equality Act and the Human Rights Act are part of the long tail of Blairism that is still having a damaging effect on politics and society now.

‘Both pieces of legislation need to be seriously reformed or even replaced. The Equality Act was supposed to protect people from harm, but it is now facilitating harm in the classroom so we do need to tackle it.’

Teaching unions warned that the delay would leave staff in limbo again when the new school year begins in September.

Education Secretary Gillian Keegan (pictured) brought forward proposals that would have allowed children to socially transition at secondary school provided they have parental consent. But both the PM and Mrs Badenoch want to adopt a much tougher stance 

Paul Whiteman, general secretary at school leaders’ union NAHT, said the delay was ‘deeply disappointing’.

He added: ‘Decisions about how best to support transgender pupils can be complex and sensitive. NAHT has long called for clear government guidance to support schools and pupils, so that leaders are not left to navigate sometimes difficult issues in isolation. The ongoing delays to the publication of the draft guidance are incredibly frustrating and continue to leave schools in a difficult position.’

Social transitioning is the process by which transgender children or adults adopt a name, pronouns, and characteristics, such as clothing and haircuts, that match their new gender identity.

Mr Sunak pledged in March that the guidance would be available before the end of the summer term.

Education Secretary Gillian Keegan brought forward proposals that would have allowed children to socially transition at secondary school provided they have parental consent.

But both the PM and Mrs Badenoch want to adopt a much tougher stance.

Mr Sunak is said to be concerned about the ‘long-term implications’ of allowing children to socially transition.

Mrs Badenoch is understood to have argued that gender change should require medical approval.

Announcing the initial delay this month, Mrs Keegan said schools should now proceed with ‘extreme caution’ when dealing with children presenting as trans.

‘They should always involve parents in decisions relating to their child, and should not agree to any changes that they are not absolutely confident are in the best interests of that child and their peers,’ she said.

She reminded schools of their duty to protect single sex spaces like toilets and to ‘maintain safety and fairness in single-sex sport’.

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