Written by Lilly Emma Thynne
Lilly Emma (she/her) is a postgraduate student at Lancaster University (2024-25). Previously, as a teacher in state and private secondary schools, she has held additional pastoral and pedagogical responsibilities as Deputy Designated Safeguarding Lead, Resident Tutor (boarding), and Lead for Technology in Teaching and Learning.
Keeping Children Safe in Education (KCSIE) has significantly changed the guidance for safeguarding LGBT+ students. These changes remain under review, pending the publication of guidance for supporting ‘gender questioning children’. To avoid confusion, these proposed changes can be considered alongside other sections of KCSIE, legislation, and non-statutory guidance.
When writing policies, clarity of language is important. KCSIE states, “All staff should be aware that terminology is a significant component in many safeguarding and wellbeing issues” [s22, p11]. For the purposes of this post:
- Transgender children are children whose gender identity does not match that assigned at birth.
- Gender-questioning children are children who are questioning whether their gender identity matches that assigned at birth.
- Trans+ refers to transgender and gender-questioning people.
- Child/children refers to anyone 17 years or younger.
- Young person refers to anyone 18 years or older.
This post identifies four changes which can be better understood by considering pre-existing legislation and guidance:
1.Removing reference to “trans” students
KCSIE removes reference to “trans” students, replacing it with “gender questioning”.
The Equality Act 2010 and Schools (2014) guidance identifies that the protected characteristic of “Gender Reassignment” applies to students [page 5]. For example, “failing to protect a transgender pupil against bullying by classmates” may make the school guilty of unlawful discrimination [page 8]. The use of the word ‘transgender’ shows the need for schools to maintain reference to pupils who are actively undergoing gender reassignment in addition to those students who are ‘gender questioning’.
KCSIE (2024) maintains the use of the phrase “transphobic bullying” [s91, p28], which refers to bullying directed at a child for either being or being perceived as trans+. The use of this phrase shows that the DfE has not completely ended the use of the word ‘transgender’.
KCSIE (2024) defines ‘safeguarding’ as, among other things, “preventing the impairment of children’s mental and physical health or development”. By removing reference to ‘transgender students’ and replacing this with exclusive reference to ‘gender questioning students’, students who are confident in their gender identity may interpret this as delegitimisation of their identity, leading to further marginalisation. Research suggests trans+ students who feel rejected by their school community are at greater risk of isolation and poor mental health due to internalised transphobia (Horton, 2023; Chodzen et al., 2019).
The Gender Recognition Act (2004) allows anyone aged 18 or older who has lived in their affirmed gender for at least 2 years with a diagnosis of gender dysphoria to change their gender legally. Any young person granted a Gender Recognition Certificate (GRC) should have their legal sex changed on school records, and a school should not disclose the student’s former gender. Reference to ‘transgender’ students may be required in a policy to explain this process.
2. Advocating caution towards social transition
KCSIE now references that the Cass review identified, “caution is necessary for children questioning their gender as there remain many unknowns about the impact of social transition” [s206, p55].
The Cass Review (2024, p.164) recommends, “A more cautious approach needs to be taken for children than adolescents”. For adolescents, the review explains, “exploration is a normal process,” and school staff should provide support to protect the student from bullying. Cass says that children who are not yet adolescents must also have their voices heard. If a child pursues social transition, professionals should ensure the child knows all options remain open and that they will be flexibly supported.
The Equality Act 2010 and Schools (2014) states, “Schools need to make sure all gender variant pupils, or the children of transgender parents, are not singled out for different and less favourable treatment from that given to other pupils” [p.17]. For example, a school may need to consider flexibility when applying a uniform policy to a trans+ student [p15].
KCSIE (2024) reminds us that “Under the Human Rights Act, it is unlawful for schools and colleges to act in a way that is incompatible with the convention” [s82, p26].
3. Removal of the requirement for a ‘safe space’
In 2023, KCSIE required schools to “provide a safe space” for LGBT students to share concerns with a trusted adult. In 2024, KCSIE removed “safe space” and replaced it with a more general requirement to “create a culture”.
KCSIE 2024 states that schools and colleges should, where needed, provide a “physical space” for students who are victims of abuse. While not all LGBT+ students are victims of abuse, a report (JustLikeUs, 2021) found that:
- LGBT+ students are twice as likely as their peers to experience child-on-child abuse.
- 1 in 5 LGBT+ students hear negative language daily about LGBT+ people.
- LGBT+ students are x3 more likely to be bullied at least once a week.
- Only 21% of LGBT+ students who were bullied told a teacher.
For this reason, an allocated safe space for LGBT+ students where they can easily find trusted adults may be instrumental in safeguarding these students.
4. Removal of reference to LGBT+ inclusion in PSHE
KCSIE has removed a paragraph reiterating the need to include LGBT content in the RSE curriculum.
Relationships and Sex Education and Health Education statutory guidance (2021) remains unchanged. When age-appropriate, schools must “ensure [LGBT] content is fully integrated” into the RSE curriculum. This content should not be stand-alone. The guidance defines LGBT as “Lesbian, Gay, Bisexual and Transgender”.
Summary
As safeguarding teams enter the new academic year and continue to support trans+ students, consideration of pre-existing legislation and guidance is important to better understand these changes to KCSIE, which remain under review.
References
Guidance and Legislation
The Equality Act 2010 and schools (2014) https://assets.publishing.service.gov.uk/media/5a7e3237ed915d74e33f0ac9/Equality_Act_Advice_Final.pdf
Gender Recognition Act (2004) https://www.legislation.gov.uk/ukpga/2004/7/contents
Relationships Education, Relationships and Sex Education (RSE) and Health Education (2021) https://assets.publishing.service.gov.uk/media/62cea352e90e071e789ea9bf/Relationships_Education_RSE_and_Health_Education.pdf
Keeping Children Safe in Education (2024) https://assets.publishing.service.gov.uk/media/66d7301b9084b18b95709f75/Keeping_children_safe_in_education_2024.pdf
The Human Rights Act (1998) https://www.legislation.gov.uk/ukpga/1998/42/contents
Research
Horton, C. (2023) Gender minority stress in education: Protecting trans children’s mental health in UK schools, https://www.tandfonline.com/doi/epdf/10.1080/26895269.2022.2081645?needAccess=true
Chodzen, G., Hidalgo, M., Chen, D., Garofalo, R. (2019) Minority Stress Factors Associated with Depression and Anxiety Among Transgender and Gender Non-Conforming Youth, https://www.jahonline.org/article/S1054-139X(18)30295-7/abstract
Cass, H. (2024) Independent review of gender identity services for children and young people https://cass.independent-review.uk/home/publications/final-report/
JustLikeUs (2021) ’Growing up LGBT+’ https://www.justlikeus.org/wp-content/uploads/2021/11/Just-Like-Us-2021-report-Growing-Up-LGBT.pdf