This email has been sent out by Lynne Neagle. So many questions...
20 May 2025
Dear Directors of Education,
I am writing to update you on the Welsh Government’s development of trans guidance for schools.
You may be aware that a consultation on our draft guidance, which focusses on listening to and supporting the well-being of trans, non-binary and gender-questioning learners, was planned for early 2025. However, the lives of trans and gender questioning young people have come under increasing focus over the last 12 months since the publication of the Cass Report in April 2024. The recent Supreme Court ruling regarding the definition of “man”, “woman” and “sex” in the Equality Act 2010 has further exacerbated this focus.
In the spring term I took the decision to delay consultation to enable us to continue to develop the guidance, taking into account recent developments and to better reflect the voices of parents and carers. This delay will now also allow us to fully consider the impact of recent legal developments.
We know school leaders and practitioners are already working hard to support trans and gender questioning learners to feel valued, included, and safe in their education and I understand this decision may be disappointing for them. While I acknowledge their frustration, to consult at a time of ongoing uncertainty around the implications of legal and policy development may generate further confusion. I am clear that our public consultation should be taken forward in a way that is sensitive to the needs of children and young people themselves and does not generate an unhelpful focus that could be harmful.
Work has already started to engage with a wide range of parents to ensure their priorities are fully considered in the draft guidance. My officials are also exploring how to support schools to share inclusive practice to ensure that all children and young people feel valued, safe and able to learn. They will be in touch with stakeholders to discuss what this support might look like over the summer.
I am aware that schools would like clarity regarding the Supreme Court ruling in relation to supporting trans and gender questioning learners. The Welsh Government respects the decision of the Supreme Court, and we are considering how the ruling affects policy, including the trans guidance for schools.
The EHRC published an interim update on 25 April and have committed to provide an updated Code of Practice to the UK Government by the end of June. Once published this work will be reflected in the trans guidance for schools.
I would like to draw your attention to our consultation on our revised Rights, Respect, Equality statutory anti-bullying guidance which was published 19 May 2025. The revisions to the guidance reflect societal changes including the need to support schools to work towards developing positive and respectful relationships and also reflect a response to the rise in reports of racist incidents; homophobia, transphobia and gender-based violence.
The consultation also includes questions relating to amendments to the Education (School Premises) Regulations 1999 (“the 1999 Regulations”). Specifically, proposals to make very limited amendments to the 1999 Regulations so that schools are allowed (but not required) to provide gender neutral toilets in addition to the existing requirement to provide sex separate toilets for learners aged 8 and above. This will support preventative anti-bullying approaches by enabling flexibility for schools to provide a range of toilet provision that will help ensure all learners are safe and comfortable using a toilet in school.
The Association of Directors of Education Wales have provided valuable advice and insight throughout the development of this policy area and I would like to take this opportunity to thank Local Authorities, school leaders and practitioners for the work they have done and the support they have given to the Welsh Government in developing the guidance so far. I am committed to taking forward a consultation at an appropriate time when the guidance is ready.
Yours sincerely
Lynne Neagle AS/MS
Ysgrifennydd y Cabinet dros Addysg
Cabinet Secretary for Education