This section sets out the context in which this draft statutory guidance has been released. 

The statutory safeguarding guidance for schools and colleges is called Keeping Children Safe in Education, often referred to as KCSIE. It was first published in 2014, and is reviewed and updated by the Department for Education annually, with updated versions typically becoming statutory each September. Most years these updates come without consultation, but a consultation or call for evidence is sometimes made when substantive changes are proposed. 

In the KCSIE update for September 2022, under the section 'Children potentially at greater risk of harm' a new category was added, titled 'Children who are lesbian, gay, bi, or trans (LGBT)'. This new guidance was brief, it stated: 

198. Children who are lesbian, gay, bi, or trans (LGBT) can be targeted by other children. In some cases, a child who is perceived by other children to be LGBT (whether they are or not) can be just as vulnerable as children who identify as LGBT. 

199. LGBT inclusion is part of the statutory Relationships Education, Relationship and Sex Education and Health Education curriculum and there is a range of support available to help schools counter homophobic, biphobic and transphobic bullying and abuse.

The following year, in the 2023 September update, this section was slightly expanded. It stated: 

203. The fact that a child or a young person may be LGBT is not in itself an inherent risk factor for harm. However, children who are LGBT can be targeted by other children. In some cases, a child who is perceived by other children to be LGBT (whether they are or not) can be just as vulnerable as children who identify as LGBT. 

204. Risks can be compounded where children who are LGBT lack a trusted adult with whom they can be open. It is therefore vital that staff endevour to reduce the additional barriers faced and provide a safe space for them to speak out or share their concerns with members of staff. 

205. LGBT inclusion is part of the statutory Relationships Education, Relationships and Sex Education and Health Education curriculum and there is a range of support available to help schools counter homophobic, biphobic and transphobic bullying and abuse. 

Later that year, in December 2023, the Department for Education published draft guidance relating to trans and non-binary students in schools, which they called 'Gender Questioning Children'. This was draft, non-statutory guidance, which opened for a 12 week consultation period ending on Tuesday 12th March 2024. You can read more about this draft guidance and consultation here. 

Shortly after that consultation closed, the Cass Review was published in April 2024. The Cass Review was intended to be an independent review of gender identity services for children and young people - although it has been widely criticised since its release. Although not an education focused document, the review made some recommendations relevant to schools and colleges. 

In the same year, the UK saw a change of government with a new Labour government elected in July 2024. The Labour government committed to looking at the results of the consultation into the 'Gender Questioning Children' guidance and to publishing finalised guidance for schools. They also committed to enacting the recommendations of the Cass Review. 

On 12th February 2026, The Department for Education published a new draft of the statutory safeguarding guidance for schools and colleges, KCSIE. Amongst other changes, this new draft guidance includes an amended section titled 'Children who are lesbian, gay, or bisexual', and a new section titled 'Children who are questioning their gender'. Note that what was previously LGBT guidance has now been separated.

In materials published online, the DfE explain their choice to position gender guidance as part of KCSIE, rather than in separate non-statutory guidance as first proposed in 2023. They state that they "propose instead to include this content in KCSIE so that children's wellbeing and safeguarding are considered in the round, and so that schools and colleges can easily access this information in one place". 

The DfE also provide some details about the results of the consultation, although this appears less transparent and detailed than the information provided about other similar consultation processes, such as the 2023 RSHE consultation. The DfE explain that the consultation into the draft 'Gender Questioning Children' guidance received 15 315 respondents and "demonstrated that this is a highly contested policy area with no clear consensus on the appropriate approach, but more respondents expressed negative than positive views about the usability of the draft guidance published for consultation". 

This draft guidance is now open for a 10 week consultation period, ending on 22nd April 2026. The following sections will set out the details of this proposed guidance, and information about the ongoing consultation. 

This section sets out the details of the draft statutory guidance that is currently open for consultation. Although other changes have been made, we focus specifically here on the parts of the guidance titled 'Children who are lesbian, gay, or bisexual' and 'Children who are questioning their gender'. 

Part Two of KCSIE sets out the statutory guidance around the management of safeguarding, and it includes a section on 'Children potentially at greater risk of harm'. It is within this section that LGBT identities are discussed under the following two headings. 

Children who are lesbian, gay, or bisexual

This amended section used to include the word 'trans' (2022 & 2023), and later 'gender questioning' (2024, 2025). That has now been removed, and this section focuses specifically on sexual and/or romantic orientations lesbian, gay, or bisexual. The draft  guidance states: 

"244. A child or young person being lesbian, gay, or bisexual is not in itself a risk factor for harm; however, they can sometimes be vulnerable to discriminatory bullying. In some cases, a child who is perceived by other children to be lesbian, gay, or bisexual (whether they are or not) can be just as vulnerable as children who are. Schools and colleges should consider how to address vulnerabilities such as the risk of bullying and take steps to prevent it, including putting appropriate sanctions in place."

Children who are questioning their gender

This new section is the result of the 2024 consultation into the then draft non-statutory 'Gender Questioning Children' guidance. It includes some general information, followed by specific advice on: 

• Bullying 

• Social Transition 

• Parental Involvement 

• Physical Spaces (toilets, changing, accommodation)

• Record Keeping 

• 'Children living in stealth' 

• 'Children who wish to detransition' 

This section of the draft guidance is long, and we have quoted it in-full below. 

245. In recent years, we have seen a significant increase in the number of children who are questioning the way they feel about being a boy or a girl, including the physical attributes of their sex and the related ways in which they fit into society. 

246. It is not for schools and colleges to initiate any action in this area; this guidance is focused on circumstances where a child or their parent has raised a request relating to social transition to which a school or college is responding. 

247. Schools and colleges should keep in mind that it is common for children to engage in activities that are less typically associated with their sex. For example, at primary school age, girls may play with trucks, or boys may dress in clothes that are perceived as feminine. Sometimes young children also go through a period of questioning their gender but for the majority this will not continue into adulthood, while a small proportion may continue to question their gender and this feeling may intensify into puberty. 

248. Schools and colleges should take time to understand the thoughts and feelings of children who are questioning their gender and should be appropriately professionally curious about the full range of the child’s experiences. Schools and colleges should remain aware of the potential vulnerabilities of children who are questioning their gender, including the possibility of complex mental health and psychosocial needs, for example relating to relationships with family, peers or their broader social environment, including discriminatory bullying. 

249. Schools and colleges should consider adopting policies across school and college life that maintain flexibility and avoid rigid rules based on gender stereotypes. 

Schools and colleges should be respectful places where bullying is never tolerated.

250. We know that bullying has a detrimental impact on young people’s mental health and their ability to thrive at school and college. Bullying can affect a child's attainment and wellbeing. We are clear that all forms of bullying, for whatever reason, are unacceptable. Schools and colleges must take a strong stand against all forms of bullying, and schools and colleges should tackle bullying at the earliest opportunity to prevent it from escalating. 

Considering requests for support with social transition 

251. Schools and colleges should not initiate any action regarding social transition; this guidance applies where a child or their parent has made a request. Members of staff should not adopt any changes relating to social transition unless a decision has been made by a school or college in consultation with parents or carers. 

252. Schools and colleges should consider whether pupils would be best supported by a policy on social transition which explains the steps that a school or college will go through when a child requests support. When considering any request for support with social transition, schools and colleges should ensure that their decision-making process is documented and records are kept.

253. In making decisions about supporting social transition, schools and colleges must comply with their distinct but interacting obligations under safeguarding legislation and equality and human rights law, ensuring that any assessment of discrimination is informed by their evaluation of the welfare and best interests of the child and other children. 

254. Schools and colleges should make decisions in line with the following principles and ensure that their decision-making process is documented and records are kept: 

Schools and colleges have statutory duties to safeguard and promote the welfare of all children 

255. Schools and colleges have a statutory duty to safeguard and promote the welfare of all children. They should consider how best to fulfil that duty towards a child who is questioning their gender, as well as their peers, ensuring that any agreed course of action takes account of the impact on all of those affected. 

256. This means that the first step when considering a child’s request for support with social transition will 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 a child’s wishes. 

257. As below, in the vast majority of cases we would expect the school or college to work with parents to determine what is in the best interests of the child as well as considering any clinical evidence or advice and seeking any additional nonclinical professional advice where relevant (for example the SENCO), including involving the DSL. Schools and colleges should consider everything that could be affecting a child, including whether they have any wider health issues or neurodiversity. In considering the best interests of children, schools and colleges should also take into account the principle below on taking a careful approach. 

258. Schools should be particularly conscious of safeguarding concerns relating to primary aged children. For example, the Cass Review noted evidence that children who socially transition before puberty – and those who transition prior to receiving clinical advice – are more likely to proceed to a medical pathway than those who do not. Schools should also keep in mind that some children who socially transition before puberty will be “living in stealth” meaning other pupils and/or staff may be unaware of their biological sex, and schools should be aware of related safeguarding concerns as in the section below on living in stealth. 

259. Schools should keep in mind the emphasis in the Cass Review on early clinical involvement when families are considering social transition for pre-pubertal children, including how to support their children in a non-directive way, whilst also keeping options open and flexible. The Cass Review emphasised that clinical involvement in the decision-making process should include advising on the risks and benefits of social transition as a planned intervention, referencing best available evidence. This is not a role that can be undertaken by staff without appropriate clinical training.

 Parents and carers should be actively involved and their views treated with importance 

260. Parents and carers have the leading role in the lives of their children, and this area should be no exception. Therefore, where a child who is questioning their gender asks for support from a school or college, schools and colleges should engage parents/carers as a matter of priority and treat their views with importance. 

261. The Cass Review is clear that outcomes for children and adolescents are best if they have a supportive relationship with their families and, in the vast majority of cases, we would expect schools/colleges and parents/carers to work together to establish what is best for the child. Involving a child’s parents/carers will enable schools and colleges to promote a child’s wellbeing and protect them from harm. 

262. Schools and colleges should explore how best to support these conversations, including offering a staff member to be present or to speak to parents or carers on the child’s behalf. However, in the 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 their Designated Safeguarding Lead (DSL) to determine what action is needed to safeguard the child, before the parents are contacted or any decisions are taken. 

263. The advice above applies in cases where a child has requested support with social transition. In cases where a child confides in a member of staff about their feelings but does not ask the school or college to make changes to how they are treated, there is no reason to break any confidence unless there is a related safeguarding risk. 

Accommodating social transition is an active intervention so schools and colleges should take a very careful approach 

264. Schools and colleges should take a very careful approach in relation to social transition. The Cass Review acknowledged that there is a lack of good evidence on the long-term impact of social transition on young people, but it is clear that social transition should be viewed as an active intervention that may have significant effects on the child or young person in terms of their psychological functioning and longer-term outcomes. Primary schools should exercise particular caution, and we would expect support for full social transition to be agreed very rarely. 

265. The Cass Review acknowledges that older children will generally have greater agency to make their own decisions. Maintaining flexibility and keeping children’s options open will help to avoid a child feeling they are under pressure to commit to a potentially irrevocable pathway when they are young. 

Schools and colleges should comply with obligations under the Equality Act and Human Rights Act when considering requests for support with social transition 

266. As well as complying with their safeguarding obligations as above, schools and colleges must also comply with their duties under the Equality Act 2010 and the Human Rights Act 1998.

267. In line with the responsibilities of schools and colleges to adhere to the highest standards of safeguarding for the children and young people in their care, alongside obligations under the School Premises (England) Regulations 2012 and the Education (Independent School Standards) Regulations 2014, schools must not allow pupils into toilets, changing rooms, or boarding or residential accommodation designated for the opposite sex, with no exceptions. Similarly, where schools have implemented single-sex sports as being necessary for safety reasons, there should be no exceptions and pupils must not be allowed to participate in sports designated for the opposite sex. Colleges should follow the same principles. 

268. In relation to other policies, the school or college will need to consider whether the policy will place a child who is questioning their gender (and other gender-questioning children) at a disadvantage relative to other children. Schools and colleges should consider this both when developing the policy itself and when considering requests to be exempt from such policies. Where the rule or policy does place a gender-questioning child (and other gender-questioning children) at a disadvantage, the school or college should consider the following: (1) What are the aims of the policy? (2) Is there another way of achieving the same aim? Might a policy be adopted or an exception made that still achieves that aim? (3) What is the impact of the rule, or of making an exception (or not making an exception) on the child themselves and anyone else affected? The school or college should balance the impact of agreeing the child’s request against the impact of refusing their request, taking into account all the relevant factors. This will include taking into account the school or college’s judgment about whether supporting social transition is in the child’s best interests and the best interests of other children, as above. 

Discussing constraints 

269. When discussing requests with children, schools and colleges should take time to sensitively explain that supporting any degree of social transition will not include allowing access to toilets, changing rooms or boarding or residential accommodation designated for the opposite sex, and will not include allowing children to join PE classes designated for the opposite sex where there are safety reasons for single-sex PE. 

270. The school or college should also make sure that children and their families are aware that while the school or college will appropriately sanction any cases of bullying or harassment, and take a strong stand against bullying, the school or college must also be conscious of the rights of pupils and staff in relation to their religion or belief. However, schools and colleges supporting social transition might consider discussing options with pupils and staff such as using names instead of pronouns. 

Reviews 

271. The circumstances of a case and/or the needs of a child may change over time. For example, it may become known that there are safeguarding issues that were not previously apparent (including where a young child is ‘living in stealth’ - see below), or that a decision has placed an unsustainable pressure on a school or college's resources. In such cases, the school or college may need to review their original decision taking into account the factors set out above, including involving the child's parents. In deciding whether to review a decision, the school or college should involve their DSL immediately. 

272. We expect that as well as revisiting decisions at appropriate points, schools and colleges will in particular want to consider whether previous decisions taken prior to this guidance coming into force remain appropriate, taking into account the impact of making any changes on the child in question and considering the principle above about involving parents. 

Correct information 

273. Having the correct information about a child is important in the context of schools and colleges fulfilling their safeguarding duties, and they should make sure all relevant staff are aware of a child’s biological sex in all cases. Schools and colleges are legally required to record a child’s biological sex accurately wherever it is recorded. 

Children living in stealth 

274. 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 (that is, school or college friends/staff may be unaware of their biological sex). The Cass Review emphasised that these children are likely to approach puberty in a fearful and anxious state. Schools and colleges should involve the DSL in these cases. 

Support for children who wish to detransition 

275. There may be circumstances where a child wants to fully or partially reverse a request that has previously been agreed. The Cass Review highlighted the importance of maintaining flexibility and keeping options open for children who have socially transitioned and recommended that support should be provided to children who wish to de-transition. Schools and colleges should work closely with parents and relevant experts to ensure that children in this position are supported.

This is the end of the section. However, there are some other areas of the draft guidance we think are relevant to highlight. 

• On Page 25, the guidance provides examples of poor safeguarding practice, which includes 'failing to listen to the views of the child'. 

• On Page 30, the guidance states that "Under the Human Rights Act, it is unlawful for schools and colleges to act in a way that is incompatible with the Convention. The specific Convention rights applying to schools and colleges are: Article 3: the right to freedom from inhuman and degrading treatment (an absolute right); Article 8: the right to respect for private and family life (a qualified right) includes a duty to protect individuals’ physical and psychological integrity; Article 14: all of the rights and freedoms set out in the Act must be protected and applied without discrimination'. 

• On Page 70, there is a footnote which states: 'Schools and colleges must undertake this balanced consideration in order to ensure that they do not discriminate against children with the protected characteristic of gender reassignment when taking decisions in this area. Some gender questioning children may not have the protected characteristic of gender reassignment. In practice, it may be very difficult for a school or college to determine whether a gender-questioning child has this protected characteristic or not. We therefore advise schools and colleges to apply the same consideration to all requests relating to social transition received from gender questioning children and this guidance is drafted on that basis'.

Whilst we are certain the information presented in this section is accurate, we would encourage everybody to read the draft guidance in full. 

This section sets out information about the ongoing consultation on the new draft KCSIE guidance. 

The draft guidance is currently open for a 10-week consultation period, which ends on 22nd April 2026. We have focused on the areas relating to LGBT+ students directly, but the consultation asks broader questions about the entire document. Below you can find out more about what that consultation looked like. 

The consultation invites responses from: School and college staff; Designated safeguarding leads and their deputies; Governing bodies of maintained schools (including maintained nursery schools); Proprietors of independent schools (including academies, free schools, and alternative provision academies) and non-maintained special schools; Management committees of pupil referral units (PRUs); Post 16 providers as set out in the Education Training (Welfare of Children) Act 2021; Local authority children’s services; Professionals working in social care; Teaching unions;  Safeguarding practitioners, including training providers; and Supply agencies. 

The consultation is divided into 9 sections - 

• Section 1 - proposed changes to the ‘about this guidance’ section and general updates to KCSIE 

• Section 2 - proposed changes to Part one: Safeguarding information for all staff •

• Section 3 - proposed changes to Part two: The management of safeguarding 

• Section 4 - proposed changes to Part three: Safer recruitment

• Section 5 - proposed changes to Part four: Safeguarding concerns or allegations made about staff including supply teachers, volunteers and contractors

• Section 6 - proposed changes to Part five: Child-on-child sexual violence and sexual harassment

• Section 7 – proposed changes to Annex B – further information

• Section 8 - proposed changes to Annex C – the role of the designated safeguarding lead

• Section 9 – expanding our evidence base

You can view all of the questions asked in each section of the consultation in the DfE consultation document. 

Section 3 of the consultation is where questions are asked about the proposed changes to Part Two of KCSIE. There are no questions asked about the guidance relating to 'Children who are lesbian, gay, and bisexual'. Of the guidance relating to 'Children who are questioning their gender', three questions are asked. They are: 

• Question 33: Does the updated section of the guidance on children who are questioning their gender provide clarity about the considerations schools and colleges will need to take into account? 

Yes

No 

Not applicable

No opinion 

Please explain further (optional)

• Question 34: Do paragraphs 104-115 provide clarity for schools and colleges about their legal obligations relating to toilets, changing rooms, and boarding and residential accommodation? 

Yes 

No 

Not applicable

No opinion 

Please explain further (optional)

• Question 35: Do paragraphs 94-97 provide clarity for schools and colleges about the circumstances in which the school is justified in having a policy of single-sex sports?

Yes 

No 

Not applicable

No opinion 

Please explain further (optional)

Whilst we are certain the information presented in this section is accurate, we would encourage everybody to read the DfE Consultation Guide to see all details in full. 

Having read the draft guidance and consultation information, we would strongly encourage all of those involved in education to submit their views to the consultation before it closes on 22nd April 2026. 

However we would advise not doing so immediately. 

LGBT+ organisations are currently working on further guidance and support in completing this consultation, and we will be sure to keep this section updated with relevant resources and support.