On the 19^th December 2023, the DfE published some draft non-statutory guidance called ‘‘Gender Questioning Children: Non-statutory guidance for schools and colleges in England’. It is currently open for consultation until the 12^th March 2024, and anyone can respond to this consultation.

Please note that this guidance is not statutory and is under consultation, so schools do not need to change their policies at this stage. There is existing statutory guidance for schools such as the Keeping Children Safe in Education 2023 and the legal framework Equality Act 2010.

The ASE believes that every young person should be able to thrive in science education and for this to happen, young people need to be able to be their authentic selves at school. There are several reports which highlight the experiences of transgender students in schools, including how often transphobic-related bullying occurs and the impact this has on transgender students. Active inclusion of transgender and non-binary students can have a significant impact on their sense of belonging in school, their mental health and their future outcomes. Now more than ever, schools are in need of guidance which is informed by the needs of transgender young people.

We are concerned that, in its current form, the draft guidance does not provide adequate information for schools to effectively support their transgender and non-binary students and does not meet the requirements of existing statutory guidance. We are also concerned that potential safeguarding issues could be created by outing transgender students to their families. As stated in KCSIE 2023, “risks can be compounded where children who are LGBT lack a trusted adult with whom they can be open. It is therefore vital that staff endeavour to reduce the additional barriers faced and provide a safe space for them to speak out or share their concerns with members of staff.”

There are existing resources by Brighton and Hove City Council and the Scottish Government which go into detail on how to support transgender and non-binary students. Both resources have a child-centred approach which the draft guidance is lacking.

ASE will be responding to the consultation in more detail. We would encourage those that wish to respond individually to do so here.