'Gender Questioning Children' Guidance Response
Sheffield Queer Parents strongly opposes the 'Gender Questioning Children', non-statutory government guidance, which is under consultation until 12th March 2024.
To mark our opposition, we have written a letter to schools which we intend to initially share with as many Sheffield schools as possible. We welcome anyone opposing the guidance to use this letter in discussion with schools with which they have links. You can read the text below or download a copy here.
Dear Headteacher/Governors,
We are writing to you in regards to the recently published, Gender Questioning Children: Non-statutory guidance for schools and colleagues in England. We do this as people involved with Sheffield Queer Parents - a parent-led organisation supporting and creating spaces for LGBT+ parents and their children. A number of us also have experience in the LGBT+ sector, including supporting LGBT+ young people, LGBT+ education and research and creating affirmative LGBT+ spaces locally.
As responses from the LGBT+ sector have highlighted, the recently published guidance is harmful, could endanger the lives of some pupils and is likely to face legal challenges.
As Gendered Intelligence write, “What strikes us most about this guidance is the tone of cruelty and contempt towards children and educators throughout.”
However, the guidance is also a) under consultation until 12th March; and even if passed, it is b) largely just guidance (i.e. can be ignored by schools). We are therefore encouraging you to challenge the guidance, both through the consultation and at practice level.
In this letter we set out the importance of this, from our perspective as parents who are also LGBT+. We also signpost to ways in which you can support trans children and young people in your school.
Context
Many of us grew up under Section 28, in which local authorities, including schools, were banned from ‘the promotion of homosexuality’. For many of our generation, this meant our main lessons around LGBT+ identities were from bullying in the school playground and (if we were lucky) snippets of TV shows watched secretly, and books read under covers. Section 28 undoubtedly led to LGBT+ young people losing their lives due to fear, discrimination and a lack of support.
We are heartened when we think of the different experiences that our children - whether LGBT+ or not - could have growing-up, including at school. But we are fearful - in a climate of increasing transphobia - that this guidance could take us back to an era of Section 28.
The ‘reality’ of trans lives
The guidance is framed around the idea that being trans, or transitioning (at any age) is a ‘contested belief’ rather than a ‘fact’ - i.e that some people believe that you cannot (or should not) be trans, and that this belief should be respected. In the 2021 census, 262,000 people stated that their gender identity was different from their sex registered at birth, and this will be a conservative estimate of the number of trans people as there are many reasons why people would be cautious of declaring a trans identity in the census (for example, not being out to their families). Contrary to what is presented in the media, trans people have always existed and will always exist!
Following any guidelines which don’t recognise the reality of trans lives and experiences is harmful to trans (and questioning and other gender nonconforming) pupils who attend your school, pupils who have trans parents and family members, and indeed, trans colleagues.
The guidance is designed to strongly discourage schools from supporting pupils to ‘socially transition’ - that is, to wear the uniform of their choice, change their name and pronouns, to use toilet and changing facilities they feel most comfortable in, and to freely participate in sport. Research shows that LGBT+ youth are four times more likely to attempt suicide than their peers, a risk factor which is significantly reduced when they have access to LGBT+ affirming spaces. In contrast, therefore, we believe that it is essential that schools support trans and gender non-conforming students as much as possible - as a legal duty under the Equality Act 2010 - but also because we know how much work you put in to make the school a welcoming and inclusive place for all pupils.
Parental Involvement & Safeguarding
We are particularly concerned that the guidance advises that schools should involve a pupil’s parents if a child is questioning their gender, unless there are exceptional circumstances where a child may be put at risk. It is, however, impossible to know when a trans child will be at risk of harm from their parents. LGBT+ homeless charity, ‘akt’, research shows that 24% of homeless young people are LGBT+ and 77% believe coming out to their parents was the main factor. Whilst LGBT+ anti-abuse charity, Galop, shows that:
two in five trans and non-binary people have experienced abuse at the hands of their family, the majority before the age of 18 and often in relation to their identity;
the most common perpetrators of familial abuse against LGBT+ people are parents.
that trans and non-binary people who have experienced domestic abuse are the most likely of all LGBT+ identities to have found support from teachers or another adult at school, highlighting the importance of creating a trusting school environment.
Whilst this guidance claims to be about safeguarding, in reality it is doing the opposite and is very likely to put these children and young people in danger.
How to support trans children and young people in school
We want to reiterate that this guidance is non-statutory, and you will not be alone in opposing it. Teachers have already spoken out, such as Kevin Sexton, executive headteacher of Chesterfield High School in Liverpool, who has publicly noted that his school will not be changing the and inclusive policies already implemented which successfully safeguard trans pupils.
Furthermore, there is support and guidance available which provides meaningful ways to make your school a safe and inclusive space for trans children and young people. Gendered Intelligence offers a good practice guide to working with trans children and young people. Discrimination and employment law barrister, Robin Moira White, also recommends the Scottish government’s guidance on Supporting Transgender Pupils in Schools and Brighton & Hove City Council’s Trans Inclusion Schools Toolkit.
Local and national organisations can also provide support. Members of Sheffield Queer Parents have had experience of working with local LGBT charity, SAYiT, as well as national charities including Just Like Us, Gendered Intelligence and Mermaids (it is important to note here that Mermaids in particular has recently been under attack, which is another damaging attempt to prevent trans children from accessing potentially lifesaving support).
We’d also recommend reading any guidance on the legal aspects of the government consultation - reports from the government’s own legal advisors have highlighted that following the guidance could leave schools at risk of legal challenge.
You may also wish to write to your union - teaching and related unions opposing the guidance, sends a strong message that schools and teachers will not be complicit in this harm.
Finally, we’d urge you to use your educational expertise to fill in the consultation. Stonewall has provided a useful guide to help you with your response. Consultation responses are always more impactful, however, if you make your response personal, drawing on your own educational expertise.
Thank you for taking the time to read this letter. You can contact Sheffield Queer Parents on email qtpshef@gmail.com, or on instagram @sheffieldqueerparents.
Best wishes,