Skip to main content
Share via Share via Share via Copy link

KCSiE 2026: New guidance on gender-questioning children

13 July 2026
Hayley O’Sullivan

Long-awaited guidance on supporting gender-questioning children has finally been published. The latest Keeping Children Safe in Education guidance (KCSiE 2026) sets out a structured framework for how schools must respond to children questioning how they feel about being a boy or a girl, noting that there's been a significant increase in schools having to respond to gender issues.

Core principles of the KCSiE guidance on gender-questioning

The guidance follows the findings and recommendations in the Cass Review into NHS gender identity services for children and advocates taking a cautious approach with the following core principles:

  • Schools must not initiate social transition: The guidance only applies where a child or their parent has raised a request relating to social transition. Members of staff must not adopt any changes relating to social transition unless a school-level decision has been made, led by the designated safeguarding lead (DSL) and almost always after the child's parents or carers have been involved.
  • Social transition is an active intervention: Social transition may have significant effects on a child's psychological functioning and longer-term outcomes. Primary schools should exercise particular caution, and support for full social transition should be agreed very rarely. 
  • Parental engagement is a priority: Only in the rare circumstances where involving parents would create greater risk of harm should the DSL determine what action is needed before parents are contacted. 
  • Facilities rules are absolute: Schools must not allow pupils into toilets, changing rooms, or boarding or residential accommodation designated for the opposite sex, with no exceptions. Where single-sex sports are required for safety reasons, there must also be no exceptions. Where a gender-questioning child does not wish to use designated facilities, schools should consider whether alternative provision, such as self-contained individual toilets, can be provided without compromising single-sex provision or the safety, comfort, privacy or dignity of the child or of any other children.

What are the key challenges for schools?

Schools have competing legal obligations including safeguarding duties, data protection considerations, Equality Act 2010 obligations (including the protected characteristic of gender reassignment), and Human Rights Act 1998 requirements. 

These duties interact with each other and, at times, may not sit comfortably with each other. If parents disagree between themselves about the correct approach to their child’s social transition request, or it's not clear what would be in the child’s best interests, schools should seek clinical advice.

Schools will have to take care when managing divergent views, both gender-critical and gender-affirming, and be clear what's expected of the school community. For example, a staff member can't be compelled to use alternative pronouns, but equally shouldn't be engaging in behaviours which could cause distress to the child. Schools can explore practical options such as using preferred first names rather than pronouns with pupils and staff to navigate competing needs without requiring full social transition.

The guidance also refers to children who have fully socially transitioned from an early age and are living in stealth. These children are likely to approach puberty in a fearful and anxious state, presenting heightened safeguarding and wellbeing risks that may not be immediately apparent. This will need careful management.

What do schools need to do now?

  • Review your equality and safeguarding policies to ensure that they reflect the key principles and decision-making framework set out in KCSiE 2026. A school-level policy on social transition, which sets out the steps a school will follow when a request is made, will give staff a structured, consistent approach. That could be a stand-alone policy or set out within existing equality and safeguarding policies.
  • Make sure your procedures require the DSL to be informed and involved from the outset of any gender-related request, noting that there may be wider welfare, mental health or neurodevelopmental factors to consider.
  • Your DSL should review all social transition decisions taken prior to KCSiE 2026 coming into force and document whether they remain appropriate under the framework.
  • Audit toilets, changing rooms and boarding arrangements to confirm single-sex provision and identify available alternative facilities for gender-questioning pupils.
  • Ensure all discussions, decisions and the reasons for them are recorded in writing and stored securely.
  • Confirm that biological sex is accurately recorded across all school systems and that relevant staff have access to this information.
  • Arrange training for staff on the new framework and the policies that set out the school’s approach.

Contact

Contact

Hayley O'Sullivan

Principal Associate

hayley.o'sullivan@brownejacobson.com

+44 (0)121 237 3994

View profile Connect on LinkedIn
Can we help you? Contact Hayley

You may be interested in