Transgender guidance for schools to be delayed

The government will break its own deadline to provide schools in England with guidance on policies for transgender pupils.

Prime Minister Rishi Sunak had promised the advice before the summer holidays, which begin this week for many schools.

The delay is because the attorney general for England and Wales has advised part of the guidance may be unlawful.

Education Secretary Gillian Keegan confirmed the delay on Wednesday.

She told ITV's Robert Peston the guidance would take longer than expected to be published, but did not give a deadline.

One of the most controversial matters the guidance was expected to address is what schools should do if a child wanted to change their name, use different pronouns or change their appearance, hairstyle or clothes - what is known as socially transitioning - and whether to involve parents in the decision.

In 2020, a report commissioned by NHS England found that socially transitioning was not a neutral act - but neither was doing nothing - and more information was needed about its outcomes.

Ministers were considering advising against allowing social transitioning in schools altogether.

But, as first reported in the Times, the attorney general, Victoria Prentis, has said an outright ban would be unlawful.

When asked if it was the government's position that schoolchildren should not change gender ID without the parents being involved, Ms Keegan said: "Yes, we think parental consent is really very important."

"We do think it's important that parents are involved in this discussion," she said.

Asked why the government was planning on introducing guidance on the issue instead of legislation, she said schools had been asking for guidance, which "is quicker than legislation".

A ministerial statement to confirm the hold-up is expected on Thursday.

The attorney general is also understood to be concerned about the guidance advising teachers that they do not have to use a child's pronouns or chosen name if they do not want to, and suggesting that doctors are consulted before a child socially transitions at school.

Ministers now have to work out what to do next: either compile guidance that is lawful, or contemplate changing the law - with the expectation of the legal challenges this could provoke.

The Department for Education (DfE) will publish a draft for consultation before the final guidance, which will be non-statutory, or advisory, guidance.

No new deadline has been set for the advice. The DfE has been contacted for comment.

There are no official estimates of how many trans, non-binary or gender fluid pupils are in the UK. But in May a survey of 7,000 teachers in England for BBC News suggested that about 8% of primary-school and 75% of secondary school teachers taught trans or non-binary pupils.

Geoff Barton, general secretary of the Association of School and College Leaders, said: "It is frustrating that [the government] has now got to the point of producing something but appears to be locked in an internal political squabble which is causing a further delay.

"At present, schools have to navigate this complex and sensitive subject entirely on their own.

"We will be looking very closely at the guidance when it is published and consulting with our members to ensure it is proportionate, fair and deliverable."