Schools in England could face legal action if they follow new guidance on how to treat transgender children, ministers’ own lawyers have reportedly warned.
Advice issued prior to the education secretary, Gillian Keegan, and the equalities minister, Kemi Badenoch, publishing draft guidance to schools and colleges which said they had no duty to allow students to “socially transition”, warns of significant legal risks if they follow it.
Social transitioning includes people changing their preferred names or pronouns and includes school uniform changes.
According to the trade magazine Schools Week, which said it had received leaked information, the advice from Whitehall lawyers on the drafted guidance, published for public consultation this week, also cites the need to observe the Equality Act.
School leaders responded by saying they were now taking legal advice amid worries that following all aspects of the ministerial advice risked landing them in court.
Geoff Barton, general secretary of the Association of School and College Leaders, said it was “vital that schools and colleges have the assurance that any guidance they are following does not expose them to the risk of legal action”.
A government spokesperson insisted: “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.”
“We do not comment on leaks,” the spokesperson added, saying it would be wrong to interpret partial legal assessments in a draft as a legal assessment of a full and final document.
