Response from DfE on gender identity in schools

This communication is in response to the letter sent on behalf of ACT to Gillian Keegan by Lizzie Harewood, ACT’s Executive Officer.

Dear Ms Harewood

I am writing on behalf of the Secretary of State to thank you for your letter of 10 November, about gender identity in schools.

All children and young people must be treated fairly. There is no place for hate or prejudice in our education system. Under the Equality Act 2010, schools must not discriminate against a pupil in a number of respects because of a characteristic protected by the Act.

The department has published guidance for schools on how to comply with their duties under the Equality Act 2010 - Equality Act 2010: advice for schools - GOV.UK (www.gov.uk)

The Public Sector Equality Duty also requires public bodies, including maintained schools and Academies, to have due regard to the need to eliminate discrimination and other conduct prohibited by the Act; advance equality of opportunity for people who share a protected characteristic and people who do not share it; and foster good relations across all characteristics.

Schools have the freedom to meet the specific duties in ways appropriate to their own set of circumstances, and this may look very different in different types of schools.

Schools also have a legal safeguarding duty and are best placed to understand individual children’s circumstances in the context of these wider responsibilities for the welfare and safety of their pupils. Schools must follow the safeguarding procedures as outlined in the Keeping Children Safe in Education guidance with all children. The KCSIE statutory guidance can be accessed via the following link:

https://www.gov.uk/government/publications/keeping-children-safe-in-education--2.

We know that this is a complex and sensitive issue, and that some schools feel that they need more support in this area. That is why we are currently working to produce transgender guidance. Given the complexity of this subject, we need to get this right and it will take some time to develop the guidance. For example, it is important that we are able to consider the outcomes of Dr Hilary Cass’s independent review of Gender Identity Services to Children and Young People, which is still ongoing.

You may find it useful to know that the department will hold a full public consultation on the draft guidance prior to publication in 2023.

Please keep an eye on our website for further details and how you can be involved in the consultation.

www.gov.uk/government/organisations/department-for-education.

I hope this information is helpful, thank you for writing to us about this important issue.

Thank you for your help.

Yours sincerely

E Lamb
Ministerial and Public Communications Division