Department for Education consultation on statutory guidance for ‘gender questioning’ children: call for responses

The Department for Education (DfE) has opened its annual consultation on updates to its “Keeping children safe in education” (KCSIE) statutory guidance, which will include a new section on ‘gender questioning’ children.

Schools and colleges, teachers and leaders, parents and young people, charities and support groups, will have valuable experience and views, which may be shared here before 22 April 2026.

Background

This proposed update has been informed by the public consultation that ran on the 2023 draft non-statutory guidance “Gender questioning children: guidance for schools and colleges”, and aims to take a more holistic, and less ‘one size fits all’ approach.

It has also been informed by The Cass Review, an independent review of NHS gender identity services for children and young people published in April 2024, which recommended a cautious approach to gender transitioning for young children.

It follows the Supreme Court’s judgment in the For Women Scotland case in April 2025, which emphasised that single sex spaces should be restricted to people who share a biological sex only.

Statutory guidance

DfE says its intention is to clarify the responsibilities of schools and colleges and put safeguarding considerations about children who are questioning their gender on a “statutory footing”. Statutory ‘guidance’ is not optional – it must be followed unless there is good reason not to.

Whilst the proposed updates echo a number of the principles included in the 2023 draft non-statutory guidance, there are some key differences. In particular, the encouragement (subject to statutory obligations) that “schools and colleges should consider adopting policies across school and college life that maintain flexibility and avoid rigid rules based on gender stereotypes”. This includes allowing schools more flexibility in relation to decisions about pronouns and uniform.

We summarise some of the key approaches being proposed in the new guidance below.

Responding to requests for support with social transition

• It is not for schools to initiate action in relation to social transition but only to respond to a request from a child or parent.

• The decision relating to social transition “may not be the same as the child’s wishes”. Schools and colleges must comply with equality and human rights law and their safeguarding obligations to all children. They will need to consider what is in the best interests of the child, as well as their peers. They will also need to “keep in mind the emphasis in the Cass Review on early clinical involvement” in the decision-making process for pre-pubertal children.

• Parents/carers should be engaged “as a matter of priority” and their views treated “with importance”, except in “rare circumstances where involving parents or carers would constitute a greater risk to the child than not involving them”, in which case the Designated Safeguarding Lead (DSL) should be involved. If a child only confides feelings but does not request support with social transition, then “there is no reason to break any confidence unless there is a related safeguarding risk”.

• Social transition should be viewed as an “active intervention that may have significant effects on the child or young person in terms of their psychological functioning and longer-term outcomes”. “Primary schools should exercise particular caution” with “full” social transition to be agreed “very rarely”.

• Schools and colleges should maintain flexibility and keep children’s options open and support children who wish to de-transition.

• Schools and colleges should be “particularly conscious of the vulnerabilities of children who have fully socially transitioned from an early age and may be living in stealth”, involving the DSL where these children are approaching puberty.

Single sex facilities

• In line with their safeguarding responsibilities and applicable legislation, “schools must not allow pupils into toilets, changing rooms, or boarding or residential accommodation designated for the opposite sex, with no exceptions” and this is to be sensitively explained to socially transitioning children.

Sports

• “Where schools have implemented single-sex sports as being necessary for safety reasons, there should be no exceptions and pupils must not be allowed to participate in sports designated for the opposite sex. Colleges should follow the same principles” and, again, this is to be sensitively explained to socially transitioning children.

Other policies

• There is no specific guidance on changing names, pronouns and uniform (as was the case in the 2023 non-statutory guidance, which notably prohibited using chosen pronouns for primary-school aged children).
• Instead: “In relation to other policies, the school or college will need to consider whether the policy will place a child who is questioning their gender (and other gender-questioning children) at a disadvantage relative to other children. Schools should consider this both when developing the policy itself and when considering requests to be exempt from such policies”.
• The guidance provides a list of issues to be considered where a rule or policy does place gender questioning children at a disadvantage.

Respecting religious and philosophical beliefs

• The guidance expressly states that “while the school or college will appropriately sanction any cases of bullying or harassment, and take a strong stand against bullying, the school or college must also be conscious of the rights of pupils and staff in relation to their religion or belief.”
• It suggests that “schools and colleges supporting social transition might consider discussing options with pupils and staff such as using names instead of pronouns”, in situations where the use of preferred pronouns would conflict with an individual’s religious or philosophicalbeliefs.

Biological sex

• Schools and colleges are legally required to record a child’s biological sex accurately wherever it is recorded.

• As a matter of safeguarding schools and colleges should make sure “all relevant staff are aware of a child’s biological sex in all cases”.

Responding to the consultation

We encourage you to respond to the consultation on the content of the guidance and whether it will help to support schools’ and colleges’ decisions in relation to children and young people. It is open until 22 April 2026 at Keeping children safe in education: 2026 proposed revisions – Department for Education – Citizen Space.