Please or to access all these features

Feminism: Sex and gender discussions

EHRC consultation - schools technical guidance

189 replies

ArabellaScott · 07/09/2026 16:37

https://www.equalityhumanrights.com/guidance/technical-guidance-schools-consultation

'This technical guidance explains schools’ legal obligations not to discriminate against, harass or victimise pupils, as set out in chapter 1 of Part 6 of the Equality Act 2010 (the Act).

The guidance is different in England, Scotland and Wales.

We are running a consultation on this guidance. You can access the consultations for each nation from this page'

'Technical guidance for schools consultation 2026

This technical guidance explains schools’ legal obligations not to discriminate against, harass or victimise pupils, as set out in chapter 1 of Part 6 of the Equality Act 2010 (the Act).
This guidance is not a statutory code issued under section 14 of the Equality Act 2006, but it may be used as evidence in legal proceedings.
We have updated the guidance to:

  • include updates and developments in the law relating to types of discrimination and protected characteristic groups
  • explain how the Act applies in different education settings and institutions like academies, special schools and school-based clubs
  • clarify the interaction between the Act and other related laws
  • explain how the Act applies in specific circumstances, for example where restraint, isolation and seclusion is used
We have developed guidance for each nation to reflect the differences in law across England, Scotland and Wales.

We are running this consultation to gather feedback on how clearly the guidance explains schools’ obligations under the equality act and whether we have accurately reflected the law.

You can access the guidance, consultation surveys and instructions on how to take part by selecting the links on this page.'

Equality Act 2010

An Act to make provision to require Ministers of the Crown and others when making strategic decisions about the exercise of their functions to have regard to the desirability of reducing socio-economic inequalities; to reform and harmonise equality law...

https://www.legislation.gov.uk/ukpga/2010/15/part/6/chapter/1

OP posts:
Thread gallery
14
moto748e · 08/09/2026 15:33

Adults are not school children, so yes, of course that's different.
If you want another (better) reason, here's one: I don't believe in the concept of the 'trans child'.

NotTodayTy · 08/09/2026 15:17

moto748e · 08/09/2026 15:07

For one reason, because one of the purposes of schooling to teach your little smashers that the world does not revolve around them and their feelings. Or, indeed, those of their parents.

I’m not connecting the dots from letting someone change uniform to them thinking everything resolves around them. What about adults? Do you think it’s okay for a trans woman to wear a dress or a skirt?

moto748e · 08/09/2026 15:07

For one reason, because one of the purposes of schooling to teach your little smashers that the world does not revolve around them and their feelings. Or, indeed, those of their parents.

NotTodayTy · 08/09/2026 14:45

moto748e · 08/09/2026 14:34

I don't think it is OK for a boy to come to school in a skirt. At all. I think he should be sent home and told to change. But obviously I am a terrible old bigot.

Why is it not OK?

moto748e · 08/09/2026 14:34

I don't think it is OK for a boy to come to school in a skirt. At all. I think he should be sent home and told to change. But obviously I am a terrible old bigot.

MrsOvertonsWindow · 08/09/2026 14:21

MrsOvertonsWindow · 08/09/2026 14:08

Thank you. That's another loohole closed although will inevitable make running some benign activities (reading with children) more challenging for schools to administer.

loophole loophole 🙄

MrsOvertonsWindow · 08/09/2026 14:08

MsGreying · 08/09/2026 13:48

Safeguarding...
There's been a change.

From 1 September 2026, the law about regulated activity with children has changed.
Previously volunteers working with children did not require an Enhanced Disclosure and Barring Service (DBS) check if they were sufficiently supervised by someone else eg a teacher at the school where the volunteer is giving a talk.
The change to the regulated activity threshold means that any volunteer working with children on more than 3 days in any 30-day period or overnight , requires an Enhanced DBS check with Children’s Barred List. This could potentially include some of your members who regularly give talks to schools. Young people’s participation in training courses could also fall under the regulated activity threshold.
The GOV.UK website provides more information and useful examples of who this change affects: https://www.gov.uk/government/news/change-to-the-definition-of-regulated-activity-with-children-from-1-september-2026

Thank you. That's another loohole closed although will inevitable make running some benign activities (reading with children) more challenging for schools to administer.

MsGreying · 08/09/2026 13:48

Safeguarding...
There's been a change.

From 1 September 2026, the law about regulated activity with children has changed.
Previously volunteers working with children did not require an Enhanced Disclosure and Barring Service (DBS) check if they were sufficiently supervised by someone else eg a teacher at the school where the volunteer is giving a talk.
The change to the regulated activity threshold means that any volunteer working with children on more than 3 days in any 30-day period or overnight , requires an Enhanced DBS check with Children’s Barred List. This could potentially include some of your members who regularly give talks to schools. Young people’s participation in training courses could also fall under the regulated activity threshold.
The GOV.UK website provides more information and useful examples of who this change affects: https://www.gov.uk/government/news/change-to-the-definition-of-regulated-activity-with-children-from-1-september-2026

Welcome to GOV.UK

GOV.UK - The best place to find government services and information.

http://gov.uk/

MrsOvertonsWindow · 08/09/2026 13:21

NotTodayTy · 08/09/2026 12:51

It sounds like you want to just stick your fingers in your ears and pretend these children don’t exist as a group. The distress they feel is real and forcing them into distressing situations because it fits your worldview isn’t the answer.

That's such a childish response. This is an adult discussion about this exceptionally vulnerable group of children being potentially harmed by the tone deaf technical guidance from the EHRC that pays no attention to the rights of children to be safeguarded or knowledge of how schools operate.
A pp has pointed out how the EHRC are simply using the pc of gender reassignment that allegedly applies to children of any age (therefore including babies) and has ended up providing guidance that potentially makes these children less safe in schools.

I have no idea how this should be resolved but ignoring society's need to safeguard children is not the way forward.

NotTodayTy · 08/09/2026 13:14

Shedmistress · 08/09/2026 13:04

They do not exist as one group though do they?

They exist as 2 groups, one group of males and one group of females.

That's the whole point.

They are a group of children with the PC of gender reassignment. Ignore that and just pretending that they are a regular member of their sex with no additional needs doesn’t reflect reality and will just lead to distress.

Shedmistress · 08/09/2026 13:04

NotTodayTy · 08/09/2026 12:51

It sounds like you want to just stick your fingers in your ears and pretend these children don’t exist as a group. The distress they feel is real and forcing them into distressing situations because it fits your worldview isn’t the answer.

They do not exist as one group though do they?

They exist as 2 groups, one group of males and one group of females.

That's the whole point.

NotTodayTy · 08/09/2026 12:51

MrsOvertonsWindow · 08/09/2026 12:36

That doesn't mean society should accept the removal of safeguarding for children just because transactivists until recently have held the power and been able to undermine good practice in schools. I've said for years that educators have been systematically deskilled. Their well established professional knowledge about how to support and educate vulnerable children has been eroded by the niche demands of transactivists. This technical guidance builds on that undermining of children's welfare and rights.

We need to support organisations like Sex Matters, Transgender Trend etc in challenging all this. The law is an ass in pretending that the pc of gender reassignment applies to children and babies. It's time to start pushing back at this tsunami of adults sexualising and adultifying children and to insist on returning to the fundamental principle of safeguarding them. This should be at the core of responses to this grim guidance.

It sounds like you want to just stick your fingers in your ears and pretend these children don’t exist as a group. The distress they feel is real and forcing them into distressing situations because it fits your worldview isn’t the answer.

MrsOvertonsWindow · 08/09/2026 12:36

noblegiraffe · 08/09/2026 11:08

But the problem there is that the protected characteristic of gender reassignment applies to children.

If it didn’t apply to children then this legal guidance could look very different, but as it does, then hands are tied a lot of the time.

That doesn't mean society should accept the removal of safeguarding for children just because transactivists until recently have held the power and been able to undermine good practice in schools. I've said for years that educators have been systematically deskilled. Their well established professional knowledge about how to support and educate vulnerable children has been eroded by the niche demands of transactivists. This technical guidance builds on that undermining of children's welfare and rights.

We need to support organisations like Sex Matters, Transgender Trend etc in challenging all this. The law is an ass in pretending that the pc of gender reassignment applies to children and babies. It's time to start pushing back at this tsunami of adults sexualising and adultifying children and to insist on returning to the fundamental principle of safeguarding them. This should be at the core of responses to this grim guidance.

noblegiraffe · 08/09/2026 11:08

But the problem there is that the protected characteristic of gender reassignment applies to children.

If it didn’t apply to children then this legal guidance could look very different, but as it does, then hands are tied a lot of the time.

MrsOvertonsWindow · 08/09/2026 10:50

ArabellaScott · 08/09/2026 10:41

Well, my suggestion would be 'proposing to under a process of reassigning their sex' is a complete nonsense built upon a foundation of bullshit.

It's meaningless. What does it mean? 'I'm going to cut my genitals off' or 'I'm going to grow my hair like a girl' or 'I want to be called Sam'.

for a start, it's not possible to 'reassign' sex. What does 'assigning' sex even mean? Sex isn't 'assigned'. Who would 'assign' it?

Sex is observed, often in utero.

Gender can perhaps be 'assigned', but only if we have a clear definition of 'gender', but we don't even have that.

😀Foundation of bullshit is very apt.
These is also "professionally dangerous" guidance.

It ignores the requirements that schools have to safeguard children.
It promotes dangerous safeguarding practices (the changing elsewhere in adult spaces )
It mangles the schools requirement to promote consistent age appropriate , educational policies (the pronouns nonsense, ignorance of sport / PE for children issues.
It advocates (yet again) the handing over of professional responsibilities for management / pastoral care etc) to unqualified queer theory lobbyists.
And more...

ArabellaScott · 08/09/2026 10:41

Well, my suggestion would be 'proposing to under a process of reassigning their sex' is a complete nonsense built upon a foundation of bullshit.

It's meaningless. What does it mean? 'I'm going to cut my genitals off' or 'I'm going to grow my hair like a girl' or 'I want to be called Sam'.

for a start, it's not possible to 'reassign' sex. What does 'assigning' sex even mean? Sex isn't 'assigned'. Who would 'assign' it?

Sex is observed, often in utero.

Gender can perhaps be 'assigned', but only if we have a clear definition of 'gender', but we don't even have that.

OP posts:
MrsOvertonsWindow · 08/09/2026 10:41

MsGreying · 08/09/2026 10:29

How does a child know whether they are or not (ignoring completely the common sense element of absolutely not letting them enter the world of madness)

Well said.
These are completely age inappropriate and dangerous issues to lay on developing children. Sadly that's not stopped society from promoting them.

Far too much ignorance about children - all encapsulated in those guidelines.

MsGreying · 08/09/2026 10:29

ArabellaScott · 07/09/2026 16:46

'3.251

A male pupil attends school wearing a female pupil’s school uniform. If this is part of the process of reassigning their sex, then they will be protected from direct or indirect gender reassignment discrimination. If they are not proposing to undergo, or undergoing, the process of reassigning their sex, then they will not be protected in this way. However, they would be protected under the Act from discrimination by perception, if, for example, they are perceived to be trans and experience less favourable treatment because of it. Further, the school has a duty to have measures in place which aim to prevent bullying and the pupil is likely to be able to rely on these.'

How does a child know whether they are or not (ignoring completely the common sense element of absolutely not letting them enter the world of madness)

MrsOvertonsWindow · 08/09/2026 10:08

They also highlight that inviting queer theory activists into schools to discuss matters of sexuality and identity with children below the age of consent is a school potentially weakening safeguaring and abdicating their responsibility to others
"Adults (and older teenagers) who wish to talk to vulnerable children about their sexual orientation and feelings about their bodies may not have the child’s best interests at heart, or may simply be out of their depth. Without careful safeguarding such groups can attract predators and radicalisation, and spread socially contagious feelings of dysphoria, anxiety and introspection. Telling children that it is “transphobic” not to allow them into opposite-sex facilities can cause school anxiety and avoidance".

There's a lot to unpick but it's great to see a proper education focus on all this rather than the adultification of children demanded by queer theory lobbyists.

noblegiraffe · 08/09/2026 10:02

Schools however are well practised in making reasonable adjustments for children in order that they can access schooling.

It would need to be demonstrated that allowing a distressed pupil to change away from their peers in order that they can participate in PE lessons is actually an unreasonable adjustment.

MrsOvertonsWindow · 08/09/2026 10:00

ArabellaScott · 08/09/2026 09:02

It steers schools towards treating children who identify as transgender differently from their peers. We think this is likely to amount to unlawful gender-reassignment discrimination against those children, as well as sex and belief discrimination against other children.

Yes, that approach seems likely to harm everyone.

What a pleasure to read that Sex Matters intervention. They're starting to unpick the challenges raised by seeing children as mini adults.

"A boy who identifies as transgender, non-binary or gender-questioning, or who is effeminate or gender non-conforming, is a boy who might be perceived as having the protected characteristic of gender reassignment. He may in fact be a child that grows up to realise he is gay, or he might grow up and live as a transsexual. Treating that child differently — encouraging his exclusion from boys’ sports and facilities, requiring other pupils and staff to treat him as a girl and excluding him from the ordinary rules that apply to boys (while not allowing him access to girls’ sports and facilities)— is not “inclusion”.

Sex Matters is fully aware of Cass's conclusion that so called gender medicine is built on "shaky foundations" and poor quality research so it's good to see the EHRC challenged about their flawed assumptions that these vulnerable children have been in any way accurately diagnosed. Schools should not be undermining their well developed systems and practices in a way that results in these children being less safe.

noblegiraffe · 08/09/2026 09:20

I am unconvinced by Sex Matters’ argument.

  • ”It says a school should not require a child who identifies as transgender to use the correct changing room, calling this “unlikely to be justified”, and suggests a staff facility instead. This gets the law backwards: requiring a pupil to use the changing facility that is safe and suitable for their sex is not discrimination. But it is discrimination to treat the child’s use of their own sex’s facilities as inappropriate, and to move the child to an inferior, less safe space. Schools should make sure there is zero tolerance of bullying, not agree that children who identify as (or are perceived to be) LGB or T should not be in facilities for their sex.”

But these children are not being offered alternative facilities because of bullying, they are being offered alternative facilities because being in correct sex facilities causes them distress. Bearing in mind that KCSIE now requires that schools should approach social transition with extreme caution, the involvement of parents and of medical professionals, are Sex Matters saying that actually schools should overrule professional advice that the child should socially transition because the doctor is wrong?

Which would set up a precedent whereby schools can overrule any reasonable adjustment for any child with SEN recommended by a medical professional because the school doesn’t think it’s what’s best for the child.

ArabellaScott · 08/09/2026 09:02

It steers schools towards treating children who identify as transgender differently from their peers. We think this is likely to amount to unlawful gender-reassignment discrimination against those children, as well as sex and belief discrimination against other children.

Yes, that approach seems likely to harm everyone.

OP posts:
ArabellaScott · 08/09/2026 09:01

Thanks, RoseinaPot.

<big sigh>

OP posts:
RoseInAPot · 08/09/2026 08:34

Sex Matters think it is 'seriously flawed'

The guidance is required to be in line with the Equality Act 2010. We think it has serious flaws.

  1. It is completely inadequate on sport, barely addressing the legal obligation of schools to ensure girls receive a fair, equal offer of sport and PE.
  2. It steers schools towards treating children who identify as transgender differently from their peers. We think this is likely to amount to unlawful gender-reassignment discrimination against those children, as well as sex and belief discrimination against other children.
  3. It encourages schools to allow children to make inappropriate choices,and to invite into their school and take advice from organisations that will undermine safeguarding and compliance with the Equality Act.
We have analysed the draft in detail.

https://sex-matters.org/posts/updates/ehrc-technical-schools-guidance-is-not-fit-for-purpose/

EHRC technical schools guidance is not fit for purpose

The Equality and Human Rights Commission (EHRC) is consulting on new technical guidance for schools in England, Scotland and Wales about how the Equality

https://sex-matters.org/posts/updates/ehrc-technical-schools-guidance-is-not-fit-for-purpose/