School trans guidance may be amended to make it harder for pupils to socially transition

The Government is considering making changes to transgender guidance for schools so it is harder for pupils to socially transition to their preferred gender.

Ministers have pushed back the publication of the new guidance following a backlash from Conservative MPs over plans to allow pupils to be able to choose their own pronouns if parents give their consent, The Telegraph understands.

The long-awaited draft guidance was due to be published this week but has been delayed until the end of the summer term while possible revisions are made, according to a Whitehall source.

Gillian Keegan, the Education Secretary, has said that pupils should be able to choose their own pronouns at school if their parents give consent. Under the plans, teachers would not be compelled to use a pupil’s preferred pronoun.

However, backbench Conservative MPs and some figures in Downing Street and the Equalities Office are understood to fear that it could be politically disastrous because some parents and campaign groups warn that allowing children to socially transition to their preferred gender is unsafe.

‘Social transitioning is not a neutral act’

An NHS-commissioned report by paediatrician Dr Hilary Cass warned last year that allowing children to socially transition was “not a neutral act” and could have a significant impact on their psychological functioning.

The guidance on transgender pupils is being drawn up by Mrs Keegan, and Kemi Badenoch, the equalities minister. It will apply to all state and independent schools in England.

It is intended to provide clarity on how schools respond to children with gender dysphoria and comes amid a dramatic increase in the number of pupils who say they are transgender.

The Telegraph has learnt that the Government is seeking legal advice about a toughened-up version of the guidance.

Options for strengthening it include adding a “watchful waiting period” for any child who wants to socially transition with parental consent. Watchful waiting is an approach to a medical problem whereby a period of time is allowed to pass before any intervention is made.

It is understood that the Government is also considering only allowing pupils to socially transition with parental consent if they have a medical diagnosis.

Judicial review concern

Ministers are concerned about the threat of a judicial review.

A Government source said: “We obviously want to avoid a judicial review, but we are getting legal advice to see how much further we can go.”

Gillick competence, a concept used in medical law, states that children under the age of 16 can consent to their own treatment if they are believed to have enough intelligence, competence and understanding to fully appreciate what’s involved in their treatment.

However, campaigners argue that social transitioning is an experimental medical treatment.

Tracy Shaw, from Safe Schools Alliance, said: “The Cass review made it clear that social transition is not a neutral act. We have always been clear that we prioritise what is best for children. There’s no evidence that social transition benefits children and therefore we do not support it. 

“Children should be supported to be themselves and to challenge stereotypes without being told by adults in their lives that they were born in the wrong body. Every day we read heartbreaking stories from young people who wish someone would have just talked to them about their distress rather than affirming and celebrating.”

The Department for Education has said that the guidance will be informed by Dr Cass’s interim report findings. It will make clear that schools ensure that the correct safeguards are in place.

A department spokesman said: “We remain committed to publishing draft guidance this term on how schools should respond to students who are questioning their gender identity.

“The Education Secretary is working closely with the Minister for Women and Equalities to publish this guidance at the earliest opportunity this term.

“Given the complexity and sensitivity of the issue, we’re taking the time to make sure we get this right and to ensure any guidance we provide is as clear as possible.”