Will Quince's actual words, from the transcript of the meeting:
(My bold)
"Dr Caroline Johnson: Let me move on to my second question. You have the safeguarding brief. The number of children who identify as
transgender is increasing, and schools need to strike a balance of
ensuring that these children can be cared for properly and that their needs are properly met. Schools also need to balance this with the needs of the wider school population.
I have been contacted as a member of this Committee in the last week by parents who are concerned about the presence of an 18-year-old transwoman in the boarding house of their teenage daughters. What guidance does the Department provide to schools on managing these situations in a sensitive way that provides for the privacy, dignity and wellbeing of all the students?
Will Quince: This area has been a minefield, if we are being honest, and we are working very closely with the Government Equalities Office to formulate our guidance in this space. Yes, we have our RHSE curriculum. I am conscious the school you reference is independent, I think, so it falls under a slightly different framework.
There are two competing priorities here. The first is the 2010 Equality
Act—the importance of all children and young people being treated
equally, and ensuring that where there are protected characteristics, they are recognised.
At the same time, any school also has legal obligations, and a duty to
safeguard, protect and promote the welfare of all children. On the face of what you just said, as a parent—specifically a parent of two young girls—I probably would not be overly happy with the situation you describe.
Given that the school is independent, it is slightly more complex, but I
would suggest that the parent speaks with the headteacher, the
governors and, if necessary, raises it with the Independent Schools Inspectorate as the school will not be covered by Ofsted.
Dr Caroline Johnson: Should the Government be providing guidance on this issue to help schools? You said it is a minefield, but schools need help navigating that minefield and do not want to get caught up in legal wrangles. Would it not be best if the Government provided some detailed guidance on how schools can manage this for the wellbeing of all students?
Will Quince: I will speak to the Minister for Schools and I am sure that
that the matter will be in progress alongside the Government Equalities Office. But at the same time you can give all the guidance in the world that sets out the legal position but you need schools to use their common sense and follow the law as it stands at the moment. I would suggest that the duty to protect and to safeguard should probably override anything else.
Chair: What do you mean by anything else?
Will Quince: The No. 1 priority of any school or anyone in society has to be the protection and safeguarding of children above anything else. In my view, that is a reasonable position for anyone to take."
P13 onwards
committees.parliament.uk/oralevidence/9805/pdf/