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EHRC consultation - schools technical guidance

178 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
Keeptoiletssafe · Yesterday 15:56

No more about toilets for today I promise! 🤐I need to get on with life admin.

noblegiraffe · Yesterday 17:15

BonfireLady · Yesterday 15:41

Wow. So if a child tells the school that they are gender questioning and asks for alternative changing facilities because changing in sex-segregated facilities distresses them.... your first thought is that the parents don't need to be told because this doesn't meet a threshold for social transition 🤯

If a gender questioning child asks for any support from the school, the KCSIE guidance says that parents should be involved. Here's what it says (bolding is mine):

268. 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. It is important that the views of the child’s parents or carers should carry great weight and be properly
considered. 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 to determine what action is needed to safeguard the child, before the parents or carers are contacted or any decisions are taken.

A gender questioning child who is asking for alternative provision to change (because of feeling distressed about getting changed with members of their own sex) is an example of a gender questioning child asking for support.

Edited for typo

Edited
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Don't act like I'm happy about it!

Hopefully you're right and attention would be paid to the advice in a separate section about social transition rather than the actual section about using other changing spaces.

Look at the inconsistency between a child not wanting to share a same-sex bedroom (directing you to read the social transition guidance) and the child not wanting to use a correct sex changing room (make sure recorded and communicated appropriately).

Point 271 makes it clear that your point 268 is about a child seeking support with social transition where they have defined social transition as appearing as the opposite sex. Using a separate changing room doesn't make you appear to be the opposite sex. But then neither does a bedroom.

It's all pretty inconsistent.

EHRC consultation - schools technical guidance
EHRC consultation - schools technical guidance
noblegiraffe · Yesterday 17:19

ArabellaScott · Yesterday 15:20

KCSIE says that some gender questioning children will have the pc and some won't. Where there is doubt, they should be treated as if they do.

That sounds really tricky ground.

If a school treats a child as if they have the pc of gr based on a 'doubtful' reading, then how will they have a leg to stand on if a parent decides to sue, because schools are not supposed to socially transition a child?

I don't think having the protected characteristic of gender reassignment is enough for a school to have to socially transition a child.

The EHRC bit about pronouns specifies that a school has to have made a decision to permit preferred pronouns before there is an expectation that staff and pupils will use (or avoid) them, this is not automatic. And the social transitioning section of KCSIE says that there needs to be a really good reason not to involve parents in this decision.

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