Asked by
To ask His Majesty’s Government when they intend to publish their
official transgender guidance for schools.
The Parliamentary Under-Secretary of State, Department for
Education () (Con)
My Lords, we recognise that issues relating to sex and gender can
be complex and sensitive for schools to navigate. That is why we
are developing guidance to support schools in relation to
transgender pupils. It is important that we are able to consider
a wide range of views to get this guidance right, so we have
committed to holding a public consultation on the draft guidance
prior to publication.
(Con)
My Lords, I thank my noble friend for that Answer, but schools
need this guidance now. There is much confusion in schools,
children are suffering, and teachers and headteachers are
struggling. Also, the experience of NHS gender dysphoria services
points towards future class actions, brought by former pupils.
Some of those who want to detransition fully will be unable to do
so. Will the Minister assure this House, and headteachers and
their staff, that this guidance will be definitive enough to
protect schools legally?
(Con)
The guidance to support schools in relation to transgender pupils
will set out schools’ legal duties and aim to provide clear
information to support their consideration of how to respond to
transgender issues. However, the guidance will not create new
laws or be able to pre-empt the decision of a court on any
specific case that might be brought.
(Lab)
My Lords, discrimination is on the rise, and I welcome this
Question because it is clear that we have to do something. A
YouGov poll commissioned by Gallup and published today indicates
that one in five LGBT people has been coerced or face conversion
out of their sexual orientation and gender identity. From this,
coupled with the staggering rise in hate crime against trans
people, it is clear that we need action. No one should feel
isolated at school, feel that they do not belong, or feel that
their families or parents do not belong. Therefore, does the
Minister acknowledge that we need inclusive relationship and sex
education, especially for those misrepresented, stereotyped and
marginalised groups? Will she ensure that any strategy is both
evidence-based and based on the needs of pupils, including trans
pupils, and their families?
(Con)
The noble Lord obviously brings extensive experience and wisdom
in these areas. As he is aware, the Government will publish a
draft Bill to ban conversion practices, and we are committed to
protecting all who are at risk of harm from them. On listening to
the voices of all pupils, including trans pupils, I stress that
the Government are committed to a very full and open consultation
so that the guidance we produce reflects the views of all those
affected.
(Non-Afl)
My Lords, puberty is a difficult time, especially for young
women. For example, a dread of sexualised stereotypes can lead to
anxiety about the body, sometimes expressed as dressing as a
tomboy and sometimes pathologised as anorexia. Therefore, can the
Minister ensure that schools do not automatically affirm the
fashionable gender dysphoria as a catch-all solution, which is
particularly difficult for young lesbians? Can she assure
teachers who do not endorse social transitioning associated with
gender ideology that their employment and reputation will be
protected from false allegations of transphobic bigotry?
(Con)
The noble Baroness raises important points, but she paints a
picture that I do not fully recognise. The vast majority of
schools realise that these are incredibly sensitive issues for
staff, pupils and pupils’ parents, and do their absolute utmost
to keep that level of trust with all in their care and for whom
they are responsible.
(LD)
My Lords, as the Minister says, this is clearly a sensitive and
complex issue, and schools are clamouring to know what to do. All
kinds of stories abound about “woke policies” and “political
correctness gone mad”, but the Cass review said that “doing
nothing” for a child in distress is not a “neutral act”. Pending
guidelines arriving, will the Minister agree that all school
policies should be as sensitive and inclusive as possible?
(Con)
We absolutely want our policies to be sensitive, and we need them
to be practical, clear and trusted. The noble Baroness quoted one
element of Dr Cass’s report, but I did not hear her also
say—forgive me if I missed it—that any decisions about social
transition are not neutral either.
(Con)
My Lords, is not imposing the use of preferred pronouns on
teachers and pupils an attack on freedom of speech?
(Con)
As I say, I do not think it is helpful to generalise and talk
about imposition of pronouns. We will address these issues in our
guidance, and will draw on the widest range of views to inform
it.
of Darlington (Lab)
My Lords, I think most people agree that guidance is needed for
schools, and they will welcome the Minister’s comments that this
must be done with sensitivity and respect to all pupils,
including, of course, trans pupils. But does she acknowledge that
the lack of certainty over the timing of this is furthering
anxiety and concern and that, notwithstanding what she has
correctly said about consultation, the sooner we can get this
guidance published and out to schools the better?
(Con)
I agree, and I hope I did not give a sense of foot-dragging on
the part of the department. What I wanted to share with the House
was a sense of how important we see this guidance being and how
seriously we are taking it.
(Con)
My Lords, there is evidence that children as young as seven are
being asked whether they are male, female, bisexual and trans in
schools. Parents appear to have no say in these matters. Does my
noble friend agree that this cannot continue? This is now, in my
view, bordering on child abuse. Will she look into this matter
with the utmost urgency and report back to this House as soon as
possible?
(Con)
If my noble friend or any Member of this House has specific
examples, it would be really helpful for them to share these with
the department so that we are able to respond. Certainly, if one
looks at the data on, for example, children who have been
referred to the NHS GIDS clinic, it shows that there are very,
very few children as young as seven. I appreciate there are a
number of other issues involved, but the more we can have
practical examples, the more we are able to respond
effectively.
(CB)
My Lords, I need to declare an interest as chairwoman of the
Equality and Human Rights Commission. I completely endorse the
department’s intention to consult widely on this; it is important
that it does so. The Minister will also be aware that this matter
has been tasked to her department since 2021, and parents, who
are incredibly anxious, as well as children affected, really need
her department to come to a speedy resolution. It cannot be right
to let it stay out there in the ether, year after year.
(Con)
By my calculations, it has been only a year and a bit since 2021.
More seriously, I say that one of the important elements in our
considerations is the work that Dr Cass is doing in her review.
Her interim report did not touch on the implications of these
issues in relation to education, but we want to draw on important
resources such as her work.
(Con)
My Lords, on 5 July last year, the Minister wrote to me
saying:
“We are in absolute agreement over the principle that parents
should know what their children are being taught, especially in
relation to sensitive topics”.
That is an important matter and, in subsequent correspondence and
meetings, I was told that a letter would be sent to all schools
instructing them to show parents who asked for it the material
from which their children were being taught, and not to assert
commercial confidentiality or copyright issues. To date—unless it
has happened today—no such letter has been written. When will it
be sent?
(Con)
I recognise my noble friend’s concerns on this point. The
department remains absolutely committed to sending the letter. He
will appreciate that, with various ministerial changes, we have
to get sign-off from the current ministerial team. There is no
block to the letter going, and it will be sent shortly.
(Non-Afl)
Can the Minister tell us who exactly is being consulted?
(Con)
This will be an open, public consultation in the normal way.
