A coalition of LGBTQ+ charities, teachers and human rights groups is urging the public to oppose “discriminatory” new guidance on how schools should treat trans students.

Teachers and LGBTQ+ groups who work with trans kids have condemned the “tone of cruelty and contempt towards children and educators throughout” the guidance, which would see trans, non-binary and gender-questioning pupils ‘outed’ to parents or carers, among other “dangerous” measures. A public consultation on the plans closes tomorrow.

They said the guidance, published by the Department for Education in December, “purposely obscures” the most urgent issues facing young trans people, including a lack of access to healthcare, discrimination and bullying in schools and, relatedly, mental health concerns.

LGBTQ+ groups have moved to reassure trans pupils, and their friends, teachers and carers, that the guidance does not change the legal protections already afforded to trans kids under the Equality Act 2010.

“You can still have, and you still deserve, a happy, fulfilling, and supportive school experience,” said the charity Gendered Intelligence, addressing trans kids. “[The guidance] does not stop your teachers, your friends, or your families from supporting you.”

One teacher told openDemocracy: “I have no doubt that thousands of education workers across the country will continue to create safe and inclusive classrooms that fully support our trans and non-binary students.”

What does the guidance say?

The guidance, first promised in 2018, contains recommendations for schools and colleges in England – claiming to “help them make decisions” about trans kids in their care.

Included in its pages is a proposal that schools should inform parents or carers when pupils come out as trans, non-binary or gender-questioning, effectively ‘outing’ them to their families. The guidance also suggests that schools do not need to respect a student’s decision to change their name, pronouns and dress, and that pupils should not be able to do so unless their parents have been “fully consulted”.

“It is expected that there will be very few occasions in which a school or college will be able to agree to a change of pronouns,” the guidance states. “On these rare occasions, no teacher or pupil should be compelled to use these preferred pronouns…

“Schools and colleges should exhaust all other options, such as using first names, to avoid requiring other individuals to use preferred pronouns.”

Why is it seen as dangerous?

Campaigners told openDemocracy the guidance is a deliberate distraction from the real concerns facing trans children. “Instead of serious engagement with the issues raised by trans kids, the national conversation consists of endless soundbites about pronoun use and participation in sports,” said Neha, a London school teacher who asked us not to use her surname to protect her students.

“These ‘debates’, which form the basis of the proposed schools guidance, purposely obscure the most immediate and material issues that trans children are facing: lack of access to healthcare, discrimination and bullying in schools and on the streets, heightened rates of sexual violence and assault at school, and soaring rates of mental illness, self-harm and suicide.”

She added: “There is no doubt in my mind that this guidance will embolden transphobic attitudes, make education workers fearful of meaningfully tackling transphobic bullying, and make trans young people even less likely to come to school.”

Tammy Hymas, campaigns manager for the trans youth charity Mermaids, told openDemocracy the guidance “seeks to undercut decades of work to make schools accepting of difference, and instead actively encourages discriminatory practices”.

Research by the LGBT+ anti-abuse charity Galop found that 43% of trans and non-binary people surveyed had experienced abuse from family members, and that most felt their identity was a main or contributing cause. Some 5% of LGBTQ+ people also said they had been subjected to so-called ‘conversion practices’ by a family member attempting to change, ‘cure’ or suppress their sexual orientation or gender identity.

The guidance suggests it is “rare” for a child to be at risk of significant harm if they are ‘outed’ to parents or carers. “This is incorrect,” Galop wrote in a statement opposing the guidance: the most common perpetrators of abuse against LGBTQ+ people, the charity found, are their parents.

Amy Roch, Galop’s interim CEO, told openDemocracy such proposals would leave some pupils “facing abuse or violence with no one to safely turn to for support”.

Gendered Intelligence also condemned the proposals to ‘out’ trans kids to their families: “Students with questions or concerns about gender identity or sexuality must have the opportunity to discuss this with their educators in a safe, knowledgeable, and, above all else, outcome-neutral environment…

“The Department for Education helps no one by pressuring educators to humiliate trans pupils in front of their peers by ignoring their changes of name or pronouns or refusing to accept their explorations of gender.”

A spokesperson for the department told openDemocracy: “The safety and welfare of all children is at the heart of this guidance... [It] calls for parental involvement in all cases where their child requests action, apart from the exceptionally rare cases where this would put a child at significant risk of harm.”

Will the guidance be enforced?

The guidance is non-statutory – on top of which, schools and colleges that choose to follow it could actually be putting themselves at risk of legal action, according to leaked legal advice obtained by Schools Week.

It reveals that the Department for Education’s own lawyers raised concerns some aspects of the guidance would not stand up to a legal challenge, and warned there would be a “high risk” of successful cases against the department and schools that implement its proposals.

A government spokesperson told Schools Week: “The guidance is lawful and will help schools navigate these complex and sensitive issues, by urging caution, parental involvement, and prioritising safeguarding at all times.”

The National Education Union (NEU) has also raised concerns the guidance could make it harder for schools to meet their obligations under the Equality Act 2010.

An NEU resource on supporting trans and gender-questioning pupils explains: “Not only is there a professional and ethical obligation to support young trans and gender-questioning students in education, but there is a legal one too. The Equality Act 2010 prohibits discrimination of anyone with a protected characteristic. The protected characteristic of gender reassignment covers trans people… students who want to use a new name, wear new clothes or ask for a new pronoun to be used are protected under the law.”

Schools can still support trans kids

LGBTQ+ groups have moved to reassure trans pupils, and their teachers, carers and peers, that the draft proposals are not compulsory for schools to follow. “This guidance does not change any of the rights and protections to which trans pupils are already entitled under the Equality Act, including equal access to facilities and activities,” said Gendered Intelligence in a statement.

“Do not lose hope,” the group continued, addressing trans kids: “This guidance will be stressful and difficult for many, but it is non-statutory. This means it does not change the rights and protections you are guaranteed by law, and it does not stop your teachers, your friends, or your families from supporting you.

“Schools who want to support their trans pupils still can. Parents and carers who want to work with schools to support their trans children still can.”

Galop told trans communities and allies: “Please be reassured that the LGBT+ charity sector is already uniting to stand against any attempts to erode the freedoms of young trans people.”

Members of the Supportive Schools campaign have shared a guide to responding to the public consultation, which closes tomorrow.

If you’re worried about your safety at home, or the safety of someone you know, you can call Galop’s Helpline on 0800 999 5428, or live chat at galop.org.uk.

Updated 12 March 2024: This story has been amended to include a comment from the Department for Education, sent after our deadline had passed.