Briefing: Provisions to support gender questioning children in schools
In England, Wales and Scotland, the Equality Act 2010 and the associated Public Sector Equality Duty (PSED) prohibits discrimination relating to gender reassignment. The DfE issued non-statutory guidance on gender separation in mixed schools in June 2018. The guidance intends to support all schools in identifying what is expected of mixed schools where children are separated by gender.
In December 2023, the Department for Education published a consultation on draft non-statutory guidance for schools and colleges in England on children questioning their gender. The government has said that while this guidance is in place to help teachers, parents’ views should be at the centre of the decisions schools make about their child. The consultation was open until 12 March 2024.
This briefing provides an overview of the support in place for gender-questioning children in schools and the consultation on guidance from the Department for Education in 2024.