The Relationships and Sex Education (RSE) and Health Education statutory guidance for governing bodies, proprietors, head teachers, principals, senior leadership teams, and teachers has just been updated.
It is the updates to the section named ‘Lesbian, Gay and Transgender Content’ that are most worrying for trans people, their parents and allies.
The section now contains the following statements that appear trans exclusionary:
‘Pupils should also be taught the facts and the law about biological sex and gender biological sex which are different from the rights of those of the opposite protected characteristic of gender reassignment.’
‘Where schools decide to use external resources, they should avoid materials that encourage pupils to question their gender.’
‘Schools should be mindful to avoid any suggestion that social transition is a simple solution to feelings of distress or discomfort.’
‘In teaching this, schools should be mindful that beyond the facts and the law about biological sex and gender reassignment there is significant debate, and they should be careful not to endorse any particular view or teach it as fact. For example, they should not teach as fact that all people have a gender identity.’
Parent concerned trans pupils are being seen as ‘safeguarding’ cases
A mother of a trans child says the updated guidance frames trans pupils ‘implicitly as safeguarding cases, not as part of normal pupil diversity.’
She has noticed a new usage of ‘coded gender critical language.’ and explains:
Gender identity is not mentioned once in the 2025 guidance. ‘Gender reassignment’ is only mentioned in relation to legal compliance with the Equality Act, not as a subject for inclusive teaching. The removal of trans content from the curriculum and its reassignment to separate, undefined guidance signals a belief that these topics are controversial or inappropriate.
Trans pupils are framed implicitly as safeguarding cases, not as part of normal pupil diversity.
The mother was also concerned about the guidance instructing schools to consult parents on the content of what is being taught in relation to trans people. She describes it ‘as part of a broader move toward enabling parental veto over potentially trans-inclusive materials.’
Section 28 MK2
Trans advocate Katie Neeves (She/Her) of Cool 2B Trans shared her thoughts on the updates. This is what she said, comparing this guidance to the old section 28 mark 2 of the Local Government Act, 1988:
This is Section 28 MK2. No one chooses to be trans and if young people are deprived of being taught about the existence of trans people, they will feel the same guilt and shame that led to me fighting my Gender Dysphoria since the age of 3 until the age of 48, when I finally felt able to live my truth and become truly happy.
I’m appalled by this guidance and I think this trans-hostile government will look very stupid when this all unravels in the courts – which it will. The Supreme Court ruling conflicts with the Gender Recognition Act, the Human Rights Act and with GDPR. There are a slew of active court cases which will ultimately reverse the Supreme Court’s ruling and subsequent EHRC interim guidance and government guidance – even if it has to go right up to the European Court of Human Rights.
Does Keir Starmer really want to give ammunition to Kemi Badenoch and to Nigel Farage by being ruled against in the ECtHR and being forced to do yet another U-turn? I know he has proved to be politically inept, but surely he is not that inept?
The updates to the statutory guidance (affecting England only) come into effect September 2026.
