In December 2023, the Department for Education (DfE) published draft non-statutory guidance for schools on children questioning their gender. Following consultation, it was expected that KCSIE 2025 would include more detail, but it instead noted that revised guidance would be issued separately.
The draft KCSIE 2026, now out for consultation, incorporates this guidance directly into the statutory framework. It’s informed by the independent Cass Review, published in April 2024. This article outlines the main proposed changes.
Schools should not initiate action
The guidance makes clear that schools should not initiate any action relating to social transition. It applies only when a pupil or their parent has raised a request to which the school is responding. School staff must not adopt any changes relating to social transition – such as using different pronouns or names – unless a formal decision has been made by the school with parents or carers.
The guidance also reminds schools that it’s common for children to engage in activities less typically associated with their sex – for example, girls playing with trucks or boys wearing clothes perceived as feminine – and that this does not, in itself, indicate that a pupil is questioning their gender.
Parental involvement is essential
Under the draft guidance, parents must be engaged as a “matter of priority” when a pupil asks for support with social transition.
The Cass Review was clear that outcomes for children are best when they have supportive relationships with their families. In the vast majority of cases, schools should work together with parents to establish what is best for the pupil. In rare circumstances where involving parents would pose a greater risk to the pupil, the school should involve the designated safeguarding lead (DSL) to determine what action is needed before any decisions are taken or parents contacted.
Importantly, where a pupil confides in a member of staff about their feelings but doesn’t ask the school to make any changes, the school should prioritise the relationship with the pupil and provide confidentiality unless there’s a related safeguarding risk.
Social transition is an active intervention
The draft guidance is explicit that social transition should be viewed as an “active intervention” that may have significant effects on a pupil’s psychological functioning and longer-term outcomes. Schools should therefore take a “very careful” approach when considering any request for support with social transition.
Schools should keep in mind the Cass Review’s emphasis on early clinical involvement when families are considering social transition for pre-pubertal children. Advising on the risks and benefits of social transition as a planned intervention is not a role staff can undertake without appropriate clinical training.
Primary schools should exercise particular caution, and the guidance states that support for full social transition should be agreed only “very rarely” in primary settings.
Single-sex facilities: no exceptions
Following publication of the draft guidance at the end of 2023, the issue of single-sex facilities was widely discussed. The KCSIE 2026 guidance is clear that schools must not allow pupils to use toilets, changing rooms or boarding or residential accommodation designated for the opposite biological sex, with “no exceptions.” This applies even where a school is supporting a pupil with any degree of social transition.
If a pupil does not want to use facilities designated for their biological sex, schools should consider whether they can provide an alternative – for example, self-contained individual toilets or changing facilities that can be locked from inside – but this must not compromise the provision of single-sex facilities or the safety, comfort, privacy or dignity of any pupil.
Similarly, where schools have implemented single-sex sports for safety reasons, there should be no exceptions: pupils must not be allowed to participate in sports designated for the opposite sex.
Recording and reviewing
The guidance emphasises the importance of documenting and keeping records of the decision-making process when considering any request for support with social transition. Any decisions or arrangements put in place should be reviewed at appropriate points, for example, where new safeguarding concerns become apparent or where a decision is placing unsustainable pressure on a school’s resources. The DSL should be involved in reviewing any decision or arrangement.
Schools are legally required to record a pupil’s biological sex accurately wherever it’s recorded and should ensure all relevant staff are aware of a pupil’s biological sex. This is particularly important for pupils who have fully socially transitioned from an early age. The Cass Review emphasised that these pupils are likely to approach puberty in a fearful and anxious state, and the DSL should be involved in these cases.
Supporting pupils
Schools should remain aware of the potential vulnerabilities of gender questioning pupils, including the possibility of complex mental health and psychosocial needs relating to relationships with family, peers or their broader social environment, including discriminatory bullying. Schools should consider adopting policies that maintain flexibility and avoid rigid rules based on gender stereotypes.
The guidance also recognises that some pupils may wish to fully or partially reverse a request or arrangement that has previously been agreed. The Cass Review highlighted the importance of keeping options open for pupils who have socially transitioned and recommended that schools provide support for those who wish to detransition. Schools should work closely with parents and relevant experts to ensure pupils in this position are supported.
What schools will need to do
If the guidance becomes statutory as proposed, schools will need to take several steps to ensure compliance by 1 September 2026, including:
- Putting in place robust processes for documenting decision-making when responding to requests for social transition, and reviewing those decisions over time as circumstances change. Schools should also consider, together with the DSL, whether previous decisions relating to social transition taken before the new guidance comes into force remain appropriate
- Adopting a specific policy for gender questioning pupils that sets out the steps the school will follow when a pupil or parent makes a request. This policy should align with statutory expectations, including parental involvement, documentation and single-sex facilities
- Ensuring staff receive training on the new guidance as part of regular safeguarding updates. Staff should understand that they must not adopt any changes relating to social transition – such as using different pronouns or names – unless a formal decision has been made in consultation with parents. The DSL and any deputies should be confident in supporting gender questioning pupils and supporting other staff members.
The consultation on the proposed changes is open until 22 April 2026 and can be accessed here. The DfE is seeking responses from a range of people, including school staff and governors. We will continue to keep schools updated.