The official government guidance for transgender students in schools - and how it could change post election

• The government recently consulted on new guidance for schools around transgender students.
• Some proposals, including involving parents more and not teaching children about gender identity, have proven controversial.
• All major parties have different proposals around gender diversity, which means the election results could have a big impact.
• Trans youth are generally critical of the draft guidance as it stands.

The UK’s election day is now almost upon us, and how Britons vote could end up changing upcoming guidance on how schools should handle gender-questioning students.

Back in December 2023, the government held a consultation on new, non-statutory advice for schools around children who were questioning their gender. It attracted a lot of controversy from prominent LGBTQ+ advocacy groups, although its full, finalised advice is not set to be released until later this year.

In the UK, you can legally change your gender by applying for a gender recognition certificate once you are 18 - regardless of whether you plan to have any gender-affirming treatments. To apply, you need to have been living as your affirmed gender for at least two years, intend to live as that gender for the rest of your life, and have been diagnosed with gender dysphoria. It is still possible to apply without a formal diagnosis, provided you meet a set of other criteria.

However, many gender diverse young people begin ‘socially transitioning’ earlier in life, often while still at school. There are some legal protections in place for these students under the Equality Act 2010, as any discrimination based on gender reassignment - which significantly includes taking steps to live as another gender - is prohibited.

But what exactly are the current rules, and what will the guidance change for schools? And will tomorrow’s election-day winners change that at all? And most importantly, what do young trans people think? Here’s everything you need to know:

What is the current government guidance for schools on gender-questioning children?

A research briefing published in April - which summarised current government advice as well as some of the responses to consultation - suggests that a lot of the current guidance remains murky on the issue of how gender-questioning children fit in and should be handled by staff.

Currently, single-sex schools can refuse to admit a student of the opposite biological sex - even if they are transgender. However, they cannot refuse to admit a student of the same sex just because they are questioning their gender identity. When it comes to separate facilities like toilets and bathrooms, the report said it was “up to schools to decide what facilities they provide, including whether to provide unisex or gender neutral toilets” - so long as policies followed statutory regulations and were inclusive.

Schools are currently required to provide separate bathrooms for male and female students over the age of eight - unless it is a lockable toilet facility intended for one student at a time. The same advice says that showers and changing rooms must be provided for children over 11 taking part in physical education, but there are no specific gender rules set out. On sports, the Equality Act actually has an exemption in place allowing them to be separated by gender, if them being mixed would disadvantage some of the players.

When it comes to uniforms, schools are not actually required to have one at all - although it is encouraged - let alone one that differentiates students by gender. For schools that do, gender reassignment is a protected characteristic which schools should consider in their uniform policy.

Currently, all English primary school children are supposed to be taught about relationships, while secondary school children should be taught about sex and relationships, although parents are able to withdraw their child from this - and religious schools can teach within the tenets of their faith. But the guidance adds that all children should learn about LGBT relationships - although teachers are urged not to “reinforce harmful stereotypes” by suggesting children who don’t conform to gender stereotypes might be a different gender.

What could change later this year - or after the election?

The government’s draft guidance - which significantly is still to be finalised and published in full later this year - aims to clear up some of the processes around social transitioning for schools. However, some of the advice has proven controversial, with some even slammed as being discriminatory or possibly dangerous to trans youths.

Under the new rules, parents would have the right to know if their child wants to socially transition at school, and teachers would be advised to speak with them and take into account their views - except in “exceptional circumstances”. Physical differences between children of different sexes would still be considered while deciding who can take part in PE and sports, “to keep the sports safe and fair”.

Changes of pronouns used within schools should be “rare”, it says, and “even in these rare occasions, children and teachers shouldn’t be made to use ‘preferred pronouns’. Instead, alternatives should be found”. Schools should still be flexible with uniform rules if a young person requests to change what they wear - although their parents would still be consulted. It has also been widely reported that under the new guidance, schools would stop teaching pupils about the concept of different gender identities.

The draft guidelines say that there is no general duty for schools to allow a student to socially transition and that it is not a “neutral act”, with later impacts on children not fully understood. However, the Attorney General has advised the government that an outright ban on social transitioning in schools would be a breach of the Equality Act.

This guidance is not finalised, however, and there could be big changes to policies affecting trans and gender questioning people depending on the outcome of this week’s election. Labour is currently leading the polls, but so far its education spokesperson has shied away from commenting on whether the party would scrap the proposed ban on teaching about gender identity if elected.

Neither Labour nor the Conservatives support trans people being able to legally self-identify as the gender of their choosing, nor do they oppose NHS reforms which ban trans people from single-sex wards of the gender they identify with. However, both do plan to push through with a ban on conversion therapies for LGB people - with Labour reportedly planning to expand that to cover gender identity too. The Tories have also mentioned wanting to legally change parts of the Equality Act, so that some of its protections (namely access to men's or women’s only spaces) only apply on the basis of a person’s biological sex.

But they aren’t the only parties in the game. The Liberal Democrats and Green Party both support trans people having the right to self-ID without a doctor’s diagnosis, and to access single-sex services. In Scotland, the Tory government last year blocked the Scottish government’s landmark Gender Recognition Reform Bill which would have made it easier for people to legally change their gender - as well as opening the process up to people from the age of 16. The Scottish National Party has said it will wait and see what happens after the election before it considers pursuing the bill once more.

What do young transgender people want to see from lawmakers?

Charity and advocacy group Mermaids spoke with young trans people on what they would like to see from the coming election, and the next government. Common themes included frustration over their autonomy being taken away from them due to both their youth and gender, long waits to be able to get gender affirming care, and being reduced to debates - rather than seen as people.

In a perfect world “I wouldn’t have to wait for the approval of a doctor to start living my life”, one participant said. Others were angry at their treatment by current politicians, saying they wanted to live in a future “where our Prime Minister wouldn’t say openly bigoted things - and feel comfortable to do so in a place of ‘respect’ and ‘dignity’ like Parliament”.

In education, participants wanted more to be done to keep trans youth safe in schools. “No abhorrent guidance that is a violation of safeguarding. Outing trans students doesn’t make them less trans, just less safe.”

“Scrap the new guidance for trans students in schools,” another added. “This was never about caring for trans youth, it was only a political move to push transphobic rhetoric. If you cared about trans youth, you’d listen to us and give us a voice, instead of silencing us or mocking us.”

If you are a young person who is either gender diverse or questioning your gender identity and need information or support, Mermaids runs a free helpline where you can talk to a trained professional. You can call it on 0808 801 0400 Monday to Friday, 9am to 9pm. There is also an online web chat option available here. Mermaids can also offer guidance to parents or teachers who are supporting young people questioning their gender identities.