The draft Department for Education (DfE) guidance, issued last week, updates the established statutory safeguarding guidance schools are expected to follow, ‘Keeping children safe in education’. The consultation, which covers single-sex spaces, sports and best practice support, ends on 22 April.
Philip Wood, principal associate at Browne Jacobson, said: ‘It remains a contentious area and may be subject to challenge in the courts.
‘Additionally, the High Court is due to release a decision on a judicial review into the Equality and Human Rights Commission’s previous guidelines on the use of workplace toilets by trans employees, and this ruling may also have consequences for schools, where similar rules apply. In a section on social transitioning, the draft guidance reflects the Cass Review into NHS gender identity services for children and the need for education providers to proceed with caution, especially for younger children.’
