The Government has said it will not be hurried into publishing guidance for schools on how to support children who are questioning their gender, after the Supreme Court ruled on the legal definition of a woman.
In the meantime, there continue to be significant protections for trans people under the Equality Act which are relevant to pupils, staff and members of the wider school community.
The Supreme Court’s decision does not change the fact that gender reassignment is a protected characteristic under the act. The court emphasised this point, stating that trans people have exactly the same level of protection as other groups against discrimination, harassment and victimisation and therefore the judgment is not a rollback of rights on the scale some have suggested.
Pending further statutory guidance from the DfE or EHRC, it is important to proceed with caution, mindful of the whole school community.
Schools are advised to avoid a blanket approach, to look carefully at the circumstances of each case as it arises, and to take all relevant legal and practical considerations into account, seeking advice where necessary.
Schools Week published an article on Friday 25th April which you may find helpful.
Trans guidance coming this year after Supreme Court ruling
