Ministers will have to respond to a petition calling for trans inclusion guidance for schools to be revoked after it reached over 1,000 signatures.
The petition calls for trans guidance in schools to be revoked under parents have been fully consulted.
It was set up by islander Jean Lelliott after the Children, Young People, Education and Skills department published updated guidance for schools and educational settings in March.
She believes the guidance “isn’t fit for purpose and may negatively impact our children”.
“The guidance applies to under 18s including primary age children, which I believe risks schools giving credibility to gender assertions by children ignorant of their meaning,” Ms Lelliot wrote.
Hey key issue is with one paragraph of the 31-page guidance which states: “A child or young person being LGBTQ+ or exploring their gender identity does not in itself constitute a safeguarding concern, nor is it something the child’s parents or carers must be informed of.”
“I believe parents should be involved in any discussions on the issue of their child’s gender identity,” she explained.
The guidance goes on to say, however, that parental engagement is encouraged wherever possible.
The document states: “Support for individual children and young people who are trans* should be provided on a case-by-case basis in discussion with them, their family (unless safeguarding considerations prevent this) and professionals around them.”
Kaye Nicholson, CEO of equality and diversity charity Liberate, explained: “The inclusion guidance for teachers provides practical advice on how teachers could respond to a young person who raises questions over their gender identity at school.
“Young people under the age of 18 cannot access any medical treatments (including puberty blockers) nor surgeries.”
She continued: “For parents and carers concerned that they wouldn’t be told, as with many other topics we would encourage parents and carers to engage in educating themselves about these matters from reputable sources, and facilitating open, respectful discussions in a safe home environment.
“In fact, the guidance states that teachers are encouraged to talk to young people about whether they’ve told others, and this forms part of the holistic approach to ensuring that the young person has adequate support.”
Explained: What does the guidance actually say?
In summary, the guidance says that there should be a practical, principled, whole-school approach, balancing legal obligations with the wellbeing and rights of each child.
It is non-prescriptive – instead, the guidance encourages schools to apply its recommendations case by case, keeping children’s safety, confidentiality and inclusion at the forefront.
“The focus of this guidance is to provide practical advice, it is not intended to be prescriptive or exhaustive,” the document reads.
Medical decisions about transitioning are explicitly excluded from the document, which states: “All medical decisions about transitioning are made outside of school and are excluded from this guidance.”
The key messages of the guidance include promoting diversity as learning opportunity, preventing stereotypes, and providing individualised case-by-case support.
The document states that schools can adopt a “watch and wait policy” for students.
“Schools and educational settings should adopt a ‘watch and wait policy, which does not
place any pressure on children to live or behave in accordance with their [sex registered
at birth] or to move rapidly to social transitioning,” it says.
It also encourages a whole-school approach to diversity and inclusion, and encourage schools to embed these topics in curriculum and culture.
The guidance explicitly states that it is “not promoting the removal of single sex spaces but encourages a mixed model of provision, where possible”.
“Staff are best placed to evaluate how to balance any competing sensitivities whilst actively supporting the welfare of all pupils,” it adds.
Regarding toilets, the document states: “Separate toilet facilities for boys and girls aged 8 years or over must be provided as well as a gender-neutral option, except where the toilet facility is provided in a room that can be secured from the inside and that is intended for use by one pupil at a time.
“The use of toilet facilities by children and young people who are trans* should be assessed on a case-by-case basis in discussion with the individual child or young person.”
The guidance acknowledges that children and young people who are trans* are particularly vulnerable to bullying.
The guidance calls for educational staff to “be mindful about how so-called ‘banter’ or jokes are used in peer groups and can cause harm” and “identify, record, respond to and monitor all forms of bullying and prejudice”.
The document recommends that each trans* pupil should have a named staff member allocated to them as a first point of contact.
It emphasises the importance of confidentiality, and suggests that pupil’s trans* status, legal name or sex assigned at birth should not be shared without consent or a legal basis – unless there is a safeguarding concern.
Medical decisions about transitioning are explicitly excluded from the guidance, which acknowledges that most school age children will not undergo medical treatment regarding gender whilst at school.
However, it notes that: “Staff should be aware of the different stages of medical intervention, so they are in the best position to provide support.”
Single-sex schools are encouraged to refer to the policy when developing their own admissions criteria.
The document notes that denying admission to a trans* pupil “may constitute direct discrimination under the Discrimination (Jersey) Law 2013”.
The guidance recommends that existing trans* pupils in single-sex schools should be supported “in consultation with the trans* child and their parents”.
You can read the full guidance online.