Banning trans children from changing pronouns in school ‘would be unlawful’
A government attempt to ban trans children from changing their name or wearing a different school uniform has been blocked after lawyers warned it would be unlawful, according to reports.
New transgender guidance for schools was expected to be announced by Rishi Sunak by the end of this week, but this is believed to have been delayed following the advice.
A report in the Times said an earlier draft of the guidance allowed children to socially transition with parental consent, meaning they would be free to use a different name or pronouns in school and could wear another uniform.
But the newspaper said that an effort by Sunak and Kemi Badenoch, the women and equalities minister, to ban the behaviour instead has run up against legal advice.
Attorney-general Victoria Prentis is believed to have been asked whether such a ban would be possible, and to have come to the conclusion it would not under current legislation.
A government source described social transition to The Times as allowing children to ‘act as though they are the opposite sex’.
They said: ‘We have consistently said that this is about protecting children, empowering parents, and supporting teachers and school leaders by providing guidance for them to implement.
‘It’s a complex and sensitive area and it’s right we get it right.
‘More information is needed about the long-term implications of allowing a child to act as though they are the opposite sex and the impact that may have on other children too.’
Social transition can involve someone using a different name, getting a haircut or wearing clothes to match their gender identity.
Earlier this month, Tory backbencher Miriam Cates told the Sun on Sunday: ‘I really think that anything other than a ban on schools socially transitioning children is wrong.’
But Education Secretary Gillian Keegan has previously described efforts to stop social transition from taking place in schools as ‘unreasonable’ – particularly when parents have given their consent.
She told The Times last month: ‘It’s a tricky subject but I think parental consent is the key driver for this. Schools aren’t there as doctors or parents. They are there as educators.
‘Parental consent is the most important thing. Parents are responsible for their child.’
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