Gender Questioning Children and Requests for Social Transition

 

Learning outcomes

By the end of the briefing, participants will be able to:

1.      Explain the key KCSIE expectations relating to children who are questioning their gender and requests for support with social transition.

2.     Identify the safeguarding considerations leaders must take into account, including vulnerability, bullying, family context, mental health, psychosocial needs and the welfare of other children.

3.     Describe the school or college decision-making process for considering requests, including parental involvement, DSL input, professional advice, documentation and review.

4.     Understand the governance role in assuring that policies, records, staff practice and leadership decisions are consistent with the updated guidance.

Overall aim

The briefing should give leadership teams and governance roles a clear understanding of:

·       what the guidance says about children who are questioning their gender

·       what schools and colleges should and should not do

·       how requests relating to social transition should be considered

·       what governance should be checking, challenging and assuring itself about

·       how safeguarding, equality, parental involvement, record keeping and anti-bullying duties interact in this area

“What do leaders and governors need to know, decide, record and assure themselves of when responding to gender-questioning children and requests relating to social transition?”

1. Opening context and purpose:

Key message:

·       The guidance recognises that there has been a significant increase in children questioning how they feel about being a boy or a girl, including physical attributes of sex and how they fit into society.

·       The guidance is focused on circumstances where a child or parent has raised a request relating to social transition and the school or college is responding.

Leadership angle:
This is about having a consistent, lawful, safeguarding-informed and well-documented response.

2. Core safeguarding principles

Key content:

·       A child being lesbian, gay or bisexual is not in itself a risk factor for harm, but children can be vulnerable to discriminatory bullying, including where they are perceived by others to be lesbian, gay or bisexual.

·       Schools and colleges should take time to understand the thoughts and feelings of children questioning their gender and should be professionally curious about the full range of the child’s experiences.

·       Schools and colleges should remain aware of potential vulnerabilities, including complex mental health and psychosocial needs, relationships with family and peers, the broader social environment and discriminatory bullying.

·       Schools and colleges have statutory duties to safeguard and promote the welfare of all children, including the child questioning their gender and their peers.

Governance angle:
Governors should assure themselves that the school’s approach is not reactive or informal, but rooted in safeguarding, welfare, professional curiosity and documented decision-making.

3. What schools and colleges should not initiate

Key content:

·       The guidance states that it is not for schools and colleges to initiate action in this area.

·       Schools and colleges should not initiate action regarding social transition. The guidance applies where a child or parent has requested that the school make changes or put support in place to facilitate the child presenting as the opposite biological sex.

·       Members of staff should not adopt changes relating to social transition unless a decision has been made by the school or college and parents or carers have been involved as set out in the guidance.

Leadership angle:
This supports consistency across staff practice. Leaders need to ensure staff understand that individual members of staff should not make separate informal arrangements.

4. Considering requests for social transition

Key content:

·       Schools and colleges should consider whether pupils would be best supported by a policy on social transition that explains the steps the school or college will go through when a child requests support.

·       When considering any request, schools and colleges should ensure the decision-making process is documented and records are kept.

·       In making decisions about support with social transition, schools and colleges must comply with safeguarding legislation and equality and human rights law.

·       The first step should be to consider what is in the best interests of the child and other children, and a decision relating to social transition may not be the same as the child’s wishes.

·       Schools and colleges should usually work with parents or carers, consider clinical evidence or advice, seek relevant non-clinical professional advice where appropriate, and involve the designated safeguarding lead.

Practical leadership model to present:

1.      Receive the request

o   Has a child or parent made a request?

o   What specific change or support is being requested?

2.     Safeguarding assessment

o   What are the child’s needs, vulnerabilities and wider circumstances?

o   Are there any concerns relating to mental health, family relationships, peer relationships, bullying, neurodiversity or wider health needs?

3.     Parental involvement

o   Have parents or carers been engaged as a matter of priority?

o   If not, is there a clear safeguarding reason why involving them would increase risk?

4.     Professional advice

o   Has the DSL been involved?

o   Is clinical advice or relevant non-clinical advice needed?

5.     Equality and human rights considerations

o   Does the decision interact with equality or human rights duties?

o   Has the impact on the child and other children been properly considered?

6.     Decision, record and review

o   What decision has been made?

o   What is the rationale?

o   Where is this recorded?

o   When will it be reviewed?

5. Parents, carers and confidentiality

Key content:

·       Parents and carers have the leading role in the lives of their children, and where a child asks for support from a school or college, schools and colleges should engage parents or carers as a matter of priority.

·       The views of parents or carers should carry great weight and be properly considered.

·       In rare circumstances where involving parents or carers would constitute a greater risk to the child than not involving them, the school or college should involve the DSL to determine what action is needed before parents or carers are contacted or decisions are taken.

·       Where a child confides in a member of staff about their feelings but does not ask the school or college to make changes, there is no reason to break confidence unless there is a related safeguarding risk.

Governance angle:
Governors need assurance that the school has a clear threshold for parental involvement, confidentiality and DSL escalation.

6. Caution, constraints and the role of evidence

Key content:

·       The guidance states that accommodating social transition is an active intervention and schools and colleges should take a very careful approach.

·       The Cass Review is referenced as acknowledging a lack of good evidence on the long-term impact of social transition, while stating that social transition may have significant effects on psychological functioning and longer-term outcomes.

·       Primary schools should exercise particular caution, and support for full social transition would be expected to be agreed very rarely.

·       Schools must not allow pupils into toilets, changing rooms, boarding or residential accommodation designated for the opposite sex, with no exceptions.

·       Where single-sex sports are implemented as necessary for safety reasons, pupils must not be allowed to participate in sports designated for the opposite sex.

·       Schools and colleges should sensitively explain constraints on social transition to children and families.

Leadership angle:
This is where leaders need clarity on the difference between listening, supporting and safeguarding a child, and agreeing to specific changes that may have wider implications.

7. Records, reviews and governance oversight

Key content:

·       Schools and colleges should document decision-making and keep records when considering requests for support with social transition.

·       The circumstances of a case or the needs of a child may change over time, and schools and colleges may need to review original decisions.

·       In deciding whether to review a decision, the school or college should involve the DSL immediately.

·       Schools and colleges should make sure relevant staff are aware of a child’s biological sex in all cases and are legally required to record biological sex accurately wherever it is recorded.

·       Schools and colleges should be particularly conscious of the vulnerabilities of children who have fully socially transitioned from an early age and may be “living in stealth”, and should involve the DSL in these cases.

·       Schools and colleges should work closely with parents or carers and relevant experts where a child wishes to fully or partially reverse a previously agreed request.

Governance assurance questions:

·       Do we have a clear policy or process for considering requests relating to social transition?

·       Are staff clear that they should not make individual changes without a school decision?

·       Are leaders documenting the decision-making process and rationale?

·       Is the DSL involved where safeguarding considerations arise?

·       Are parents and carers involved as a matter of priority, unless doing so would increase risk?

·       Are equality, human rights and safeguarding considerations being considered together?

·       Are records accurate, including biological sex where this is recorded?

·       Are decisions reviewed when circumstances change?

·       Is our anti-bullying approach strong enough to respond to discriminatory bullying?