The Department for Education sought views on their draft relationships, sex and health education (RSHE) guidance.
The questions in bold are the consultation questions we have responded to. We have focused on questions relating to our expertise and campaign priorities.
Guidance relating to children who are questioning their gender
33 Does the updated section of the guidance on children who are questioning their gender provide clarity about the considerations schools and colleges will need to take into account?
No
Please explain further (optional):
We welcome the direction of travel in this section. The current context regarding gender is febrile and characterised by misunderstandings and ideological framings some of which have significant implications for safeguarding. Accordingly, terms such as "gender", "gender identity" and "social transition" need to be clearly and objectively defined at the outset.
We welcome the reference to the findings of the Cass Review, that social transition is a significant psychological intervention, not to be undertaken by unqualified professionals. It is now clear that social transition of under-18s risks prematurely concretising a trans identity for vulnerable young people, locking them into a medicalised pathway and preventing the natural resolution of gender confusion. Schools should therefore be advised not to affirm cross-sex identification, but instead to support pupils with compassion and without affirming their belief that they are of the opposite sex/no sex, and consider changes to the school environment that normalise counter-stereotypical interests and behaviour from both girls and boys. Schools should be advised not to socially transition pupils aged under 16 in any circumstances.
34 Do paragraphs 104-115 provide clarity for schools and colleges about their legal obligations relating to toilets, changing rooms, and boarding and residential accommodation?
No
Please explain further (optional):
The section helpfully clarifies that schools are obliged to provide toilet, changing and (where appropriate) residential facilities on the basis of sex, and that there should be no instances of pupils using facilities intended for the opposite sex.
There may be many reasons why a pupil does not want to or cannot use shared facilities, and wants or needs to use a private, self-contained space. It may also be the case that some schools need to make additional provision accessible for pupils with physical disabilities. Such spaces may need to be mixed-sex by default, because of constraints of space. However, we think the guidance should make clear that the rationale for such provision is the need for privacy and accessibility: although individual self-contained facilities as provided may be used by pupils who are unwilling to use facilities designated for their sex, such facilities not exist to enable the "social transition" of any pupil, nor to affirm a pupil's belief that they are of the opposite sex or not sex at all. The privacy needs of girls not to directly enter a facility in view of boys or male teachers should be taken into account in designing such facilities.
35 Do paragraphs 94-97 provide clarity for schools and colleges about the circumstances in which the school is justified in having a policy of single-sex sports?
No
Please explain further (optional):
Paragraphs 95 and 96 clearly set out the justification for providing single-sex sport opportunities. We think this should be extended to all physical education/activity: it is often in girls' best interests to provide single-sex opportunities away from boys for reasons of dignity and privacy, in physical activities that may not strictly speaking be sports (such as dance). There is plentiful and long-standing evidence that such opportunities are important in retaining girls' willingness to participate in physical activity as they move through adolescence.
Paragraph 97 is problematic in two senses. First, it undermines all pupils' opportunities to participate in sport and physical activity on the basis of sex.
This is especially relevant for girls who need to know that a sport or physical activity provided on a single-sex basis will be reliably so. Second, it suggests affirming a child's belief that they are of the opposite sex, which is not in that child's best interests and is itself a safeguarding concern (see answer to Q33).
Special Educational Needs and Disabilities (SEND)
45 Do you think the expansion of the list of additional barriers children with SEND can face is helpful?
Yes
Please explain further (optional):
We would like to see the inclusion of questioning their gender / claiming a cross-sex identity included in the bullet points in paragraph 240. The Cass Review and further evidence have all pointed to the significance of co-morbidities in the sharply rising rates of pupils expressing distress around gender, and we think it would be helpful to point out that pupils with SEND may be particularly vulnerable to social contagion, including online and in-person grooming, with regard to gender identity.
In answer to Q33 we recommended that schools be advised not to socially transition pupils aged under 16 in any circumstances. We think this section should remind schools and colleges to exercise extreme caution in discussions to socially transition a young person over 16 with SEND, and that the nature of the young person's special needs or disability be factored into discussion with the young person, their parents or carers, and other Professionals.
Harmful sexual behaviour (HSB)
69 Would you welcome more specialist advice in KCSIE on harmful sexual behaviour including behaviours that are not criminal and may not always harm another child e.g. watching pornography, or would you prefer to be signposted to other sources of help?
Yes
Please explain further (optional):
Harmful sexual behaviour such as watching pornography may not directly harm another child, but it puts the child engaging in such behaviour at risk, can be indicative of other harms to which the child is subject (such as neglect), and creates an environment in which all children are less safe. As such, more specialist advice in KCSIE would be helpful. It should be cross-referenced to content on misogyny and online grooming.
Teenage relationship abuse
71 Do you agree that KCSIE should include more detailed guidance on Teenage Relationship Abuse (TRA), including how it may present in online and digital contexts, and how school staff can identify and respond to abuse and coercive control within teenage relationships?
Strongly agree
Please explain further (optional):
There is evidence to suggest that teenage relationship abuse is linked to a range of harmful behaviours, often associated with misogyny and the use of pornography. It would be helpful for KCSIE to include more detailed guidance that joins the dots between these practices and enables schools and teachers to address them at source.
