The Department for Education has published new statutory guidance on how schools should handle pupils questioning their gender identity, unveiled by Education Secretary Bridget Phillipson on Thursday, as published by GB News.
The framework marks a significant departure from draft guidance produced under the Conservatives in 2023, which stated primary-aged pupils should not have pronouns different from their biological sex used about them. Under Labour’s updated rules, children at primary school may be permitted to adopt alternative pronouns, though the Department emphasises this should occur only rarely at that age.
Katherine Birbalsingh, headteacher of Michaela School in Wembley who has earned a reputation as “Britain’s strictest head”, launched a scathing attack on the proposals. She suggested they marked “the beginning of the end for our children” and accused ministers of being out of touch with the realities of running educational institutions. “These Labour politicians have never built or run anything. They are ideologues who don’t understand that culture eats strategy for breakfast. Disgraceful and abuse of state power,” she said.
The guidance instructs that staff members are prohibited from making unilateral decisions about name changes or pronoun use. Instead, such matters must be agreed through proper school procedures with parental involvement and, where possible, clinical advice. Teachers are to treat any social transition requests cautiously, while maintaining that children’s wellbeing remains the paramount consideration.
Parents must be informed when their child raises questions about their gender, unless specific safeguarding concerns exist. Schools are also directed to seek clinical guidance where available.
The framework mandates that single-sex facilities be preserved throughout schools. Mixed toilet arrangements are banned for pupils aged eight and above, while overnight accommodation on school trips must be organised according to children’s biological sex. Sporting activities designated for one sex cannot include socially transitioning pupils of the opposite biological sex where safety considerations apply.
Birth sex must now be documented in all school and college records. Trans pupils are explicitly barred from accessing bathrooms or changing facilities designated for the opposite biological sex, though schools should explore alternative provisions for those uncomfortable using facilities matching their birth sex.
Maya Forstater, Chief Executive of Sex Matters, warned the guidance poses ongoing risks to young people. She said: “Schools are still being left with the idea that they can facilitate ‘social transition’, which remains undefined, and that they should negotiate this on a case-by-case basis,” adding that encouraging schools to distinguish between “birth sex” and some other concept of sex “has no basis in law or reality, and undermines safeguarding.”
Dr Hilary Cass, whose landmark review informed the new rules, offered a contrasting view, describing the guidance as “practical” and providing “much-needed clarity on their legal duties”.
Education Secretary Bridget Phillipson defended the approach, stating: “We’re following the evidence, including Dr Hilary Cass’s expert review, to give teachers the clarity they need to ensure the safeguarding and wellbeing of gender questioning children.”
