Guidance on children questioning their gender added to Keeping Children Safe in Education (KCSIE)

The Department for Education has proposed adding a new section to Keeping Children Safe in Education (KCSIE) to cover children who are questioning their gender, and to clarify rules on single-sex spaces and sports. A 12-week consultation from December 2023 to March 2024 drew 15,315 responses and showed divided views, with more negative than positive feedback.

The Department for Education has proposed adding a new section to Keeping Children Safe in Education (KCSIE) on children who are questioning their gender, along with new material on single-sex spaces and single-sex sports. The proposal reflects a decision not to publish separate standalone guidance, but to place this content within KCSIE so schools and colleges can consider wellbeing and safeguarding in one statutory document. The move follows a public consultation and references the independent Cass Review of gender identity services for children and young people. The proposals stress the importance of making decisions that take account of safeguarding duties and relevant legal obligations. Key points: - The consultation ran for 12 weeks from December 2023 to March 2024 and received 15,315 responses, which the Department for Education says showed a divided response and more negative than positive views overall. - Respondents reported particular dissatisfaction with sections on responding to requests and engaging parents and pronouns, with 74% and 73% respectively saying those sections lacked sufficient detail. - 51% of respondents asked for more information about alternative toilets and changing facilities where schools cannot offer separate facilities, while 61% of schools felt the section gave enough support on this issue. - 76% of respondents wanted more guidance on access to boarding and overnight accommodation designated for the opposite sex, and 53% were dissatisfied with the level of detail on this topic. - Views on sport were mixed: 54% asked for more information on responding to requests to participate in single-sex sport, while a majority of responding schools and colleges felt existing detail was sufficient in some areas; proposals note that where single-sex sport is required for safety, no exceptions are made. - The Cass Review (final report published 10 April 2024) informed the proposals, and the draft says schools should consider social transition requests in light of safeguarding duties and obligations under the Equality Act and the Human Rights Act, seeking clinical advice where available. Summary: Placing guidance on children who are questioning their gender into KCSIE is intended to clarify statutory responsibilities for schools and colleges and to bring safeguarding considerations together in one place. Consultation responses were split and raised repeated concerns about pronouns, parental engagement, facilities, boarding and sport. Undetermined at this time.