The Department for Education has updated its guidance on children questioning their gender within the new Keeping Children Safe in Education (KCSiE 2026) statutory guidance for schools and academy trusts.

The relevant sections are covered in paragraphs 95-98 (sport), 105-111 (toilets), 112-116 (changing rooms and showers), 197-202 (boarding and residential accommodation) and 252-282 (general guidance on children who are questioning their gender). 

Philip Wood, Partner in the education team at UK and Ireland law firm Browne Jacobson specialising in discrimination law, said: “The guidance confirms the DfE’s interpretation of the law that has been in place for some time in relation to environments such as toilets and changing facilities. The new guidance is clear that that pupils must not use spaces designated for the opposite biological sex, including where a social transition request has been made.

“Where a gender-questioning pupil refuses to use sex-designated facilities, schools are obliged to consider alternative provision, such as self-contained individual toilets, single-occupancy enclosed rooms and separate timings. Schools should record, communicate and review any such arrangements. 

“Similar guidance applies to accommodation for overnight residential trips and boarding. While previously there was some uncertainty with the arrangements schools should follow with no guidance in place, sharing is no longer permitted between mixed biological sex. Alternative arrangements such as separate rooms should be considered by schools but, like with toilets and changing facilities, they retain discretion over whether or how this is provided. 

“More flexibility is afforded with sport. Where there are no safety concerns, any request for a gender-questioning pupil to participate as the opposite sex must still be considered through the social transition decision-making framework, weighing the pupil's best interests against impacts on others and fairness. However, where single-sex sport is required for safety, there must be no exceptions. There remain exemptions from the Equality Act in those circumstances. 

“Schools should understand the social transition decision-making framework applies only where a child or parent requests it. Parents’ views carry ‘great weight’ and staff must not implement changes without a formal school decision having been made, with social transition explicitly characterised as an ‘active intervention’ requiring a very careful approach. The guidance says primary schools in particular should agree to full social transition only very rarely, a reflection of the position as set out in the Cass review.”