Schools come under the following legislation: The Equality Act 2010 and The Human Rights Act 1998.
The Equality Act 2010: Schools must eliminate discrimination, provide equality of opportunity, and foster good relations between minority groups and others.
Personal religious or cultural beliefs may not be used to discriminate against trans pupils. A school with a religious ethos may not refuse to accept a gender non-conforming child into the school or refuse to allow an existing pupil to transition.
Gender reassignment is a protected characteristic. Accordingly, a pupil is protected even if they have not undertaken a medical procedure but are taking (or proposing to take) steps to live in the opposite gender.
The language used in the Equality Act is ‘binary’ and refers to ‘living in the opposite gender,’ but there has been a recent landmark legal ruling in an employment tribunal that stated non-binary identities are also protected under the Equality Act.
The Human Rights Act 1998: Schools have a duty to support these pupils and to ensure their inclusion in social and sporting activities.
- Schools must review existing policies to ensure that these do not indirectly discriminate against gender diverse pupils.
- Teachers, pastoral staff, governors, and all other staff should have awareness training and be ready to support gender diverse young people.
Unfortunately as legislation is complex and evolving (due to legal challenges) many schools are unsure of what they can / should do.
Free2B has developed a factsheet to support schools and we provide (costed) training. If you think our services would be useful in your child’s school, please direct them to our training webpage.
One of our Proud Parents has kindly shared with us the letter they sent to their child’s school to request social transition changes and we have used this to create a template. Please download the template here and update it with information relevant to your child’s situation.