Extract from Bayswater email, sent 23rd Feb
KCSIE Update: Gender Questioning Section Out for Consultation
The government has published updated Keeping Children Safe in Education (KCSIE) guidance, currently out for consultation. Provisions on gender questioning children are included within it, and these are our initial thoughts.
The document correctly warns that pretending that a child is the opposite sex is an active intervention with significant effects on a child's psychological functioning and longer-term outcomes, including pursuit of medical interventions. In light of this acknowledgement it is not clear how the guidance concludes that education professionals are qualified to work with parents to determine what is in the best interests of the child on this issue.
Parental approval does not mitigate the safeguarding risks associated with what is a profoundly consequential decision (social transition) with potentially lifelong medical implications. Parents are not always well-informed about the impact social transition could have on their child. But the guidance tells schools they can facilitate this intervention as long as the parents approve.
Although the impact on other children is referenced in the guidance, this is mostly in the form of hints at the need to respect 'religion and belief'. There is no mention of the right of every child to have the world around them described in accurate and objective language. If teachers use cross-sex pronouns for one child, that impacts the understanding of every other child in the class.
The term 'social transition' itself can mean any number of different things and this language is now creating confusion. For example, the guidance stipulates that:
a. Social (sex role) transition is NOT permitted for toilets, changing rooms, sport, recorded student information.
But:
b. Social (sex role) transition IS permitted (albeit with parental consent, and with some caution) by allowing schools to decide to refer to a child by pronouns that do not match their sex.
The guidance omits mention of the safeguarding risks associated with a cross-sex identity: breast binding, tucking, DIY hormones, exposure to misinformation about suicide, online exploitation. This omission undermines the ability of schools to protect their students
Warnings in the guidance about the harms of 'living in stealth' are undermined by suggesting that some children may nonetheless be living as the opposite sex unbeknownst to their teachers or friends. This is a safeguarding failure that requires action. Quite apart from the profound risks for the child themselves, it is not possible to accommodate 'living in stealth' with accurate sex records, single-sex spaces, and safeguarding other children at the school.
The guidance opens up the possibility of schools drafting their own policies on 'social transition'. This creates a loophole for unevidenced and unsafe policymaking by education professionals, who are not qualified to make decisions relating to mental health, especially where there are clear medical consequences.
Greater clarity is required when it states that if a school considers a parent to be such a risk that their child's cross-sex identity should not be mentioned to them. If this were the case it would warrant an immediate referral to social services (not merely a consultation with the DSL).
We will continue to review the proposals to put together a response to the government consultation, and we urge parents to do likewise. We will issue guidance on responding to the government consultation shortly.