The draft guidance says:

“In recent years, we have seen a significant increase in the number of children who are questioning the way they feel about being a boy or a girl, including the physical attributes of their sex and the related ways in which they fit into society.”  

What we think: The Proud Trust is supporting more trans and non-binary young people than ever before. Positive representation of trans people in film and television, on social media, and in lessons in schools and colleges have helped young people today to have more information and role models than trans people of past generations had. Young people feel safer to explore who they are and have more spaces they can seek support if needed which is exactly how it should be.

The draft guidance says:

“Schools and colleges should keep in mind that it is common for children to engage in activities that are less typically associated with their sex. For example, at primary school age, girls may play with trucks, or boys may dress in clothes that are perceived as feminine.” 

What we think: Of course. We expect all schools and colleges to engage in a programme of education that challenges gender stereotypes so that all young people can engage in activities they enjoy without judgment. Beyond challenging gender stereotypes, trans people exist and schools and colleges should also be teaching positively about their existence and their right to live without discrimination.

The draft guidance says:

“Schools and colleges should take time to understand the thoughts and feelings of children who are questioning their gender and should be appropriately professionally curious about the full range of the child’s experiences. Schools and colleges should remain aware of the potential vulnerabilities of children who are questioning their gender, including the possibility of complex mental health and psychosocial needs, for example relating to relationships with family, peers or their broader social environment, including discriminatory bullying.”

What we think: We agree that it is important that staff should consider the thoughts and feelings of trans young people and those questioning their gender. A child-centred approach is so important for ensuring they feel safe and supported at school and college. The potential vulnerabilities mentioned here reflect what we know to be true – that trans and non-binary young people disproportionately experience mental health issues, suffer family rejection upon coming out, and are subjected to transphobic bullying. Schools and colleges can help prevent this by making sure their spaces and curriculums are inclusive. If schools would like support with this, they can check out the Rainbow Flag Award.

The draft guidance says:

“Schools and colleges should consider adopting policies across school and college life that maintain flexibility and avoid rigid rules based on gender stereotypes.”

What we think: We agree that schools and colleges should avoid rigid rules based on gender. We advocate for gender neutral uniform rules and inclusive PE for example.

The draft guidance says:

“Schools and colleges should be respectful places where bullying is never tolerated…We know that bullying has a detrimental impact on young people’s mental health and their ability to thrive at school and college. Bullying can affect a child’s attainment and wellbeing. We are clear that all forms of bullying, for whatever reason, are unacceptable. Schools and colleges must take a strong stand against all forms of bullying, and schools and colleges should tackle bullying at the earliest opportunity to prevent it from escalating.” 

What we think: We agree that bullying should never be tolerated. We recommend that schools and colleges have systems in place to identify, report, and respond to transphobic bullying, alongside other forms of prejudice-based bullying. They should also teach positively about trans people to prevent this kind of bullying.

The draft guidance says:

“Schools and colleges should consider whether pupils would be best supported by a policy on social transition which explains the steps that a school or college will go through when a child requests support. When considering any request for support with social transition, schools and colleges should ensure that their decision-making process is documented and records are kept.” 

What we think: We support the idea of a trans-positive transitioning policy as it ensures all staff have a consistent approach. For example such a policy could ensure a trans young person has their chosen name and pronouns respected by all staff and that they won’t be challenged on their choice of uniform.

The draft guidance says:

“Schools should keep in mind the emphasis in the Cass Review on early clinical involvement when families are considering social transition for pre-pubertal children, including how to support their children in a non-directive way, whilst also keeping options open and flexible.”

What we think: Being non-directive and keeping options open and flexible should mean that schools and colleges should not be directing young people away from socially transitioning if that is what the young person wants. Allowing a young person the option to use a different name and pronouns and choose their own clothing is open and flexible.

The draft guidance says:

“In relation to other policies, the school or college will need to consider whether the policy will place a child who is questioning their gender (and other gender-questioning children) at a disadvantage relative to other children. Schools and colleges should consider this both when developing the policy itself and when considering requests to be exempt from such policies.” 

What we think: It’s a good thing for schools and colleges to consider the impact denying social transition will have on a child. For example, if schools and colleges allow cis young people to go by a different name (like Elizabeth going by Libby, or a nickname) but do not allow a trans young person to go by a different name, that is a disadvantage relative to other young people. If the request is only denied because the young person is requesting to socially transition, that is a disadvantage based on the characteristic of gender reassignment. Similarly, any blanket rules against the use of names other than the one given at birth creates the potential for indirect discrimination based on the protected characteristic of gender reassignment under the Equality Act.