Social transition cannot lawfully be accommodated in schools
Steps involved in “social transition” | Is it lawful? | Are schools required to do it? | What else should schools consider? |
Recording a child on the register as the opposite sex | No. Schools are required, by law, to record sex in pupil records. | ||
Requiring that teachers and other pupils act as if a child has changed sex | No. Other people have rights. It is not consistent with safeguarding. | ||
Admitting a child to a single-sex school of the opposite sex, on the basis of gender identity | For maintained schools this would contravene the Admissions Code. | No. The Equality Act does not require this. | Admitting a child as if they are the opposite sex would infringe other children’s rights. |
Fulfilling a child’s request to change the name they are known by for day-to-day purposes | Yes. Schools may record “known by” names in addition to the child’s actual name. | No. There is no statutory requirement to do this. | Parents have a right to information a school holds on their child (except where disclosure might cause serious harm to the pupil’s health). |
Allowing a child to use opposite-sex facilities | No. Schools are required to provide separate-sex facilities. | No. | |
Allowing a child to play in opposite-sex sports | Not explicitly unlawful. But could discriminate against other pupils, and risk health and safety. | No. | It is not a decision that is sustainable as a child and their cohort grow up. |
Allowing a child to disregard other sex-based rules (such as uniform) | Not explicitly unlawful. But schools should not have unnecessary sex-based rules. | No. |