GENDER QUESTIONING CHILDREN
Non-statutory guidance for schools and colleges in England
Department for Education 2024
PLEASE NOTE ALL RESPONSES MUST BE RECEIVED BY 2359 TUE 12 MARCH 2024
This is LGB Alliance’s response along with introductory notes. If you work in a school or college or are a parent, grandparent or carer of children in school your contributions are especially important.
GENDER QUESTIONING CHILDREN
Non-statutory guidance for schools and colleges in England
https://consult.education.gov.uk/equalities-political-impartiality-anti-bullying-team/gender-questioning-children-proposed-guidance/supporting_documents/Gender%20Questioning%20Children%20%20nonstatutory%20guidance.pdf
GUIDANCE AND LINK TO CONSULTATION
https://educationhub.blog.gov.uk/2023/12/19/gender-questioning-children-guidance-schools-colleges/
In December 2023 the Department for Education introduced new draft guidance for schools and colleges with a 12-week consultation period which ends on 12 March 2024.
The Department for Education is especially interested in responses from parents, teachers, headteachers, pupils and clinicians so if you are one of those, please make sure you complete the consultation. Contributions from others are also welcome – and it is vital that we give as much fact-based evidence as possible.
Please don’t use the words in this document in your answers; it is much more helpful to write responses in your own “voice”. We are providing some notes and bullet points to assist you in writing in your own words.
Our notes: The notes are intended to help anyone interested in responding to the guidance.
While this guidance is not perfect it provides a starting point to highlight the need to safeguard all children – and especially those we know to be most vulnerable – those gender non-conforming children likely to grow up lesbian and gay if left to go through puberty in the normal way.
To begin your response click here: https://consult.education.gov.uk/equalities-political-impartiality-anti-bullying-team/gender-questioning-children-proposed-guidance/
STRUCTURE
Questions 1-10 – About you – the first 10 questions are very straightforward and just ask about you.
4. INTRO FOR LGB ALLIANCE ONLY – PUT IN YOUR OWN DESCRIPTION AS RELEVANT TO YOU OR YOUR ORGANISATION
[LGB Alliance was formed in October 2019 in response to the decision of Stonewall, once itself an LGB rights campaigning organisation, to ban any discussion on issues of sex and gender and how they relate to lesbian, gay and bisexual people. Specifically, there were serious concerns about Stonewall’s unqualified adoption and promotion of the belief that everyone has a “gender identity” – a concept about which there is no scientific consensus – as separate from, and overriding, biological sex. We refer to this belief as “gender identity dogma/theory”.
LGB Alliance believes that gender identity dogma reinforces outdated and regressive stereotypes. Most schools now teach this dogma and teachers sometimes tell children that if they do not conform to these stereotypes it is quite possible that they may have been “born in the wrong body”, and that the solution may be to take puberty blockers, followed by cross-sex hormones, possibly followed by surgery. Research shows that the children most affected by this are those likely to grow up to be lesbian or gay, without the need for lifelong medicalisation, if allowed to go through puberty – which in most cases resolves “gender dysphoria”. In other words, puberty is the solution, not a problem to be avoided. That is why LGB Alliance believes it is our duty to assist the DfE in making this guidance as effective as possible in ensuring that the rights of all children in schools and colleges are protected]
There are then 11 different sections which relate to the draft consultation:
1. Structure and overall guidance questions 11- 14
2. Responding to requests and engaging parents questions 15-18
3. Registration of name and sex questions 19-20
4. Changing names questions 21-22
5. Pronouns questions 23-24
6. Single-sex spaces questions 25-29
7. Uniform questions 30-31
8. PE and Sport questions 32-35
9. Single sex schools questions 36-39
10. Public Sector Equality Duty question 40
11. Do you think the structure of the guidance is easy to follow?
No. The structure is based on principles that are ill-conceived.
12. If you answered no, how could the structure of the guidance change to make it easier to follow?
It should consist of three sections. The first section to outline key points as follows.
– A statement of the problem, which is that “gender non-conforming” young people — many of whom will in normal circumstances grow up to be lesbian or gay, with no need for lifelong medication — are being encouraged online and by peers to believe they may be the opposite sex, or no sex, and need to change their bodies. Distressed children hear online that taking puberty blockers and cross-sex hormones (and later undergoing surgery) will solve all their problems. It will be clear that – even if you believe such decisions may occasionally be justifiable – schoolteachers are not qualified to make them.
– An explanation that “social transition” – changing “pronouns” and expecting to be treated as a member of the opposite sex – is not a neutral act (see Cass interim report) and often leads to the medical pathway outlined above. This is important, since teachers may think “social transition” is harmless experimentation or a child “finding their true self”. Again, teachers are not qualified to make such decisions. Here the guidance needs examples of “social transition” and the problems it causes for the child concerned and for others. A clear explanation of the duty of care and safeguarding is needed here.
– A note explaining that no law requires a school to agree to the social transition of a child and that gender identity is neither defined in law nor based on science. Here the relevant law can be explained – as well as pointing out areas in which the Equality Act is often misrepresented.
Section two should be devoted to dealing with all the aspects of situations in which a child is “socially transitioning” with their parents and/or peers, while the teaching staff decline kindly but resolutely to pretend a child is the opposite sex, or no sex. It is entirely wrong for a school to facilitate deception and/or self-deception. A school is a place of knowledge.
Section three should lay out the normal principles and duties of any school – with safeguarding, child welfare and clear, fair rules at their heart. These principles and standards apply to the whole school with no exceptions. Any other approach based on the ideological beliefs of a teacher or lobby group is not acceptable and this must be made clear at the start of the guidance.
13. Does this guidance provide practical advice to support schools and colleges to meet their duties effectively?
Yes.
14. If you answered no, how could we improve deliverability placed on schools and colleges whilst still providing for schools to meet their duties?
The government is somewhat shirking its duty by suggesting that teachers should be involved in decision-making in individual cases where children need clinical assessment and treatment. Instead, they need training enabling them to react swiftly and to engage the appropriate resource to assist any child or young person who needs mental or physical health care.
If teachers are confident about what the law says and the duties for which they are responsible they will be much better equipped to deal with the growing number of children who are expressing confusion and unhappiness around issues of sex and gender. Schools are expected to:
– Provide an environment for factual learning, critical thinking, study and working alongside others
– Safeguard children first and foremost – always working with parents or guardians (unless there is a safety issue militating against this)
– Be a secure place with clear rules, where bullying is not tolerated and the school ethos is respected
– Ensure that all children are given due consideration and that in the event of any conflict of rights – rights, not demands – a fair balance is sought.
15. Does this section provide enough detail to help schools and colleges support children?
No.
16. If you answered no, in which of the following areas do schools and colleges need further guidance to support a child? [tick all that apply]
The government’s position is unhelpful and leaves teachers to make decisions for which they are unqualified. The role of teachers must be absolutely clear; they must understand that this is not a “be kind” issue or a time to listen to activists and experiment with young people’s lives. Teachers must be given enforceable rules to follow in every individual case. They should not be expected to get involved in mental health issues at school.
Once the Cass Review is completed it will become the global standard for care of precisely the children that this guidance seeks to support. Therefore, it would be highly remiss of the Department for Education to recommend teachers follow anything other than Cass guidelines once these are published. We know from the interim report that Cass rejects the “gender affirmative” approach and recommends “watchful waiting” instead.
Guidance currently available for teachers must be audited and all references to groups that promote the “gender affirmative approach” removed. The Proud Trust and Ditch the Label, for instance, are still on a list of recommended references, along with many others whose views are in direct opposition to the recommendations of the Cass interim report.
17. Think about the points outlined for schools and colleges to consider on pages 9-11 regarding making decisions about how to respond to requests for social transition. Are these points helpful?
No.
18. If you answered no, what considerations would be more helpful for schools and colleges to consider? For example, when assessing whether to support a child wishing to socially transition, do you think different weight should be given to the views of parents, the age of the child, the long- and short-term impacts on the child, the impact on other children, and any relevant clinical or medical advice?
There is no reason at all for staff to treat children in any way other than as members of their natal sex. Once staff know this, it relieves pressure on them, and they do not need either to correct children or to adopt the wrong-sex references children may decide to adopt. Think of these references (pronouns) as nicknames: fine for children among themselves, but not for use by adults. If children ask their friends to use certain names and pronouns for them, that is up to them.
19. Does this section on page 12 provide enough detail for schools and colleges to ensure each child is recorded correctly and according to the Education Act 1996, Pupil Registration (England) Regulations 2006, GDPR and the Data Protection Act?
Yes.
20. If you answered no, what further information should be included to help schools and colleges?
This section is very clear, but we would also recommend that the word “gender” be replaced by “sex” in any documents sent out by schools and colleges. Accurate data collection is essential across all departments of state and especially in education.
21. Does this section on page 12 provide enough detail for schools and colleges to respond to a child’s requests to change their name?
No.
22. If you answered no, in which of the following areas do schools and colleges need further guidance to respond to a child’s requests to change their name? [tick all that apply]
As stated above, a child may have a nickname used by friends but if that name is generally used for the opposite sex, then this should not be used by teachers as it will cause confusion and misunderstanding. This is an area of concern for any children but especially those with learning difficulties.
23. Does this section on page 13 provide enough detail for schools and colleges to respond to a child’s requests to change their pronouns?
No.
24. If you answered no, in which of the following areas do schools and colleges need further guidance to respond to a child’s requests to change their pronouns? [tick all that apply]
It is extraordinary that we are even talking about this subject . We have to ask whether boys can be called girls and girls can be called boys at school in 2024 and what that may mean? This is the sad result of years of campaigning by those who wish to see sex removed from all official records – as recommended in the Yogyakarta Principles +10 (2017).
These gender identity campaigners want all social barriers – put in place specifically to protect children and vulnerable young people – to be removed; especially those of age and sex. Campaigners strive to have these entirely removed – but if that is not possible then blurring them is the next best choice. In this world gender replaces sex and homosexuality no longer exists. Here is just one example of the future as it is imagined by one campaigner who is a Deacon in the Methodist Church:
https://twitter.com/twisterfilm/status/1204424809007980545?s=21
Children who are “gender non-conforming” – i.e. those who do not fit traditional gender stereotypes – are at greatest risk from this ideology and need the most protection. Girls who were in the past called ‘tomboys’ and boys who would probably have been teased for being ‘girly’- are now regarded as children ‘born in the wrong body.’ The influence of social media cannot be overstated as the driver of a brand-new type of homophobia which in turn creates a direct pipeline from the classroom to the endocrinologist’s prescribing room and the surgeon’s operating table.
Because of this we recommend that there are no cases where incorrect pronouns are used. If we agree that the role of a school is first to protect and safeguard a child and his/her future, then adults must do everything possible to end the delusion that anyone can change sex.
No distinction should be made between primary and secondary schools as although the implications of using wrong-sex third-person pronouns at different stages may differ, the result would be harmful in both.
25. Does this section on pages 14 and 15 provide enough detail for schools and colleges to respond when a child who is questioning their gender makes a request to use facilities (e.g. toilets, changing rooms, showers and short-term or residential accommodation) designated for the opposite sex?
Yes.
26. If you answered no, in which of the following areas do schools and colleges need further guidance? [tick all that apply]
27. Think about the circumstances provided in the guidance on pages 14 and 15, outlining the option for schools and colleges to find alternative facilities. Does the guidance provide enough support to help schools and colleges determine how to offer alternative facilities?
This section suggests impractical solutions. Changing rooms and showers must remain for single-sex use for the comfort and safety of all children and young people. Offering alternatives simply reinforces the blurring of boundaries as mentioned in 24.
28. Does this section provide enough detail for schools and colleges to support children who do not wish to use accommodation that is designated for their sex in relation to boarding and overnight accommodation?
No.
29. If you answered no, in which of the following areas do schools and colleges need further guidance? [tick all that apply]
This section is again unworkable and offers impractical solutions. Every single child deserves the same level of care and safeguarding and this is only possible with clear consistent rules stating that all sleeping accommodation is allocated by biological sex. Finding a separate room for a child who objects to sharing because they believe they are the opposite “gender” (or sex) is counterproductive as it simply reinforces the delusion.
30. Does this section on page 16 provide enough detail for schools and colleges to respond to a gender-questioning child who makes a request in relation to uniform?
No.
31. If you answered no, in which of the following areas do schools and colleges need further guidance to respond to a gender-questioning child, who makes a request in relation to uniform? [tick all that apply]
The point of a school uniform policy is that it creates a sense of shared identity and pride in the school. It is the opposite of demonstrating a personal identity or style. To allow gender-questioning children to wear opposite sex uniforms has the same effect as calling them by opposite sex names or pronouns – it is gender affirming. It encourages both the gender questioning child and all other pupils and teachers to believe that the child may indeed be the opposite sex. Ultimately it creates confusion rather than assurance and confidence.
32. Does this section on page 17 provide enough information on what to do if a gender questioning child asks to participate in a certain sport or activity with the opposite sex?
Yes.
33. If you answered no, in which of the following areas do schools and colleges need further guidance to support children taking part in PE or sport? [tick all that apply]
This section is fine as long as the word “should” is replaced by “must”. We know sports are of special importance for lesbians as they grow up – providing a social network away from boys and the norms of teenage boy/girl dating. Single-sex sport must be maintained and encouraged despite efforts by some sports authorities to put an end to it.
34. Think about the circumstances provided in the guidance on page 17, outlining the need for fairness and safety in PE or sport. Does the guidance provide enough support to help schools and colleges determine what is fair and safe?
Yes.
35. If you answered no, what further support should be included to help schools and colleges determine what is fair and safe in PE or sport?
36. Does the guidance on the application of the Equality Act to admissions to single sex schools on page 18 provide enough information to support single sex schools in making decisions about the admission of children who are questioning their gender?
Yes.
37. If you answered no, in which of the following areas do schools and colleges need further guidance to support effective decisions on the admission of children who are questioning their gender [tick all that apply]
38. To individuals responding who work in, or represent single-sex schools: Has your single-sex school previously had to make a decision on the admission to your school of a child of the opposite sex (regardless of whether or not the school admitted the child)?
39. If yes, was that child questioning their gender?
40. Do you have any comments regarding the potential impact of the guidance on those who share a protected characteristic under the Equality Act 2010, whether negative or positive? How could any adverse impact be reduced and are there any other ways we could advance equality of opportunity or foster good relations between those who share a protected characteristic and those who do not?
Yes.
The biggest gap in this guidance is that it does not spell out that the protected characteristic of gender reassignment cannot apply in schools or colleges. Children’s and young people’s brains are not sufficiently developed to be able to make life changing decisions or to fully understand what gender reassignment really means.
“According to recent findings, the human brain does not reach full maturity until at least the mid-20s. (See J. Giedd in References.) The specific changes that follow young adulthood are not yet well studied, but it is known that they involve increased myelination and continued adding and pruning of neurons. As a number of researchers have put it, “the rental car companies have it right.” The brain isn’t fully mature at 16, when we are allowed to drive, or at 18, when we are allowed to vote, or at 21, when we are allowed to drink, but closer to 25, when we are allowed to rent a car.” https://hr.mit.edu/static/worklife/youngadult/brain.html
The WPATH files leaked worldwide on Tue 5 March 2024 reinforce that teenagers are not equipped mentally to understand the impact of puberty blockers, hormone treatment and surgery – and these concerns come from “gender affirming” clinicians. https://environmentalprogress.org/big-news/wpath-files
It is vital that children are not treated as adults at school – that in itself is a safeguarding risk – and teachers need to understand that the protected characteristic of gender reassignment must not be used to allow children to behave as if they are adults. They cannot do this in other areas of potential harm – drug-taking, drinking, tattoos and so on – and this must apply to gender reassignment.,
Teachers will need to be trained in the recommendations of the forthcoming Cass Review to ensure school rules and policies are consistent with her recommendations. Additionally, teachers must be made aware of the heightened level of the risk “gender affirmation” poses to lesbian and gay teens, autistic children, cared for children and any with mental health issues.
The loss of the protections and camaraderie of single sex spaces and sports is most damaging for girls, and of course they are most at risk from physical and sexual assault in mixed-sex facilities.
41. Do you have any comments on the overall approach of the guidance?
Yes.
42. Do you have any further comments you would like to share on the draft of the guidance that have not been captured above?
Essentially, the government appears to have attempted to find a middle ground in this fraught area. While we welcome parts of the guidance as a step in the right direction, we feel the guidance is timid and does not provide much-needed clarity. The structure is based on five principles. While 1 and 2 are fine, principles 3 to 5 are poor foundations for the consultation. They are unhelpful fudges.
Simply put, we urge the government to adopt the position, and to convey, that “social transition” is not something that schools should facilitate in any way. Certainly they should not do so behind parents’ backs, but they should not do so at all. Why?
1. Because it can, and often does, lead to a medical pathway – an area on which teachers are unqualified to judge. (See the interim report from the Cass Review). They should simply not be involved in such decisions.
2. The “social transitioning” of one child affects all the other children, whose privacy (and in some cases safety) is affected and who are being asked to lie about a fellow pupil’s sex.
3. If one child is allowed to “socially transition”, with the parents’ approval, teachers will come under extreme pressure to allow it in other cases. They will frequently be called on to weigh situations in matters that are completely beyond their competence.
Teachers have been asking for years for the government to provide clarity. Not for the government to pass the buck back to them to make complex decisions they are not qualified to make.
Once this is understood, the rest of the guidance can be considerably shorter and clearer.