Schools in England will be required to prevent transgender pupils from using toilets and changing rooms that do not correspond with their “biological sex” from September, under new statutory safeguarding guidance.
The updated Keeping Children Safe in Education guidance, published by the Department for Education, will take effect on 1 September.
It states that schools must not permit pupils aged eight or older to use toilets designated for the opposite biological sex. Pupils aged 11 and over will also be prohibited from using changing rooms assigned to the opposite sex.
According to the guidance, these rules must be applied “with no exceptions”, including when a pupil has asked to socially transition.
Sleeping arrangements on overnight school trips must also continue to be organised on a single-sex basis.
Where a transgender pupil does not wish to use facilities corresponding with their sex at birth, schools are instructed to “consider” whether an alternative can be provided.
This could include access to a self-contained toilet that locks from the inside. However, schools may offer such an arrangement only when it does not affect the availability of single-sex facilities for other pupils.
The guidance also establishes detailed requirements for schools responding to requests for social transition.
Schools are told they must not initiate a pupil’s social transition. Any changes should be considered only after a request has been made by the pupil or their parent.
A formal decision should then be reached by the school in consultation with the pupil’s parents.
The guidance states that “a decision relating to social transition may not be the same as a child’s wishes”. This means schools and parents may decide not to support a requested change, even when it reflects what the pupil has asked for.
Parents must be informed about a pupil’s request in almost all circumstances. The only stated exception is when informing them would create a “greater risk to the child”.
Schools will also be expected to review arrangements that are already in place, including those involving pupils who socially transitioned before the updated guidance was published.
Staff must maintain detailed records of conversations, requests and decisions concerning social transition.
The new requirements will significantly shape how schools across England manage access to facilities, parental involvement and requests from transgender pupils once the guidance becomes statutory in September.
