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.
|Allowing a child to play in opposite-sex sports
|Not explicitly unlawful. But could discriminate against other pupils, and risk health and safety.
|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.