Sunak may scrap plans to ban children changing gender at school

Rishi Sunak is considering abandoning plans to ban children from changing gender at schools, The Telegraph understands.

The Prime Minister has vowed to take action to curb so-called social transitioning, where children who say they are trans demand to be referred to by a different pronoun and wear the uniform of the opposite sex.

Attorney General Victoria Prentis told the Prime Minister in July that a law was needed to ban social transitioning, because otherwise it could contravene the Equality Act.

But he is understood to have backed away from bringing in a law to enforce the new rules as he is concerned about party differences being exposed in the Commons in the run-up to an election.

The legislation is now considered unlikely to be included in this autumn’s King’s Speech, and could even be kicked into the grass until after the next election.

A government source insisted no decisions had been taken on whether legislation was needed. However, another Whitehall source said: “The chances are it won’t be in the King’s Speech.”

Schools have been waiting for guidance on trans issues which was originally promised before by the end of July. The Telegraph understands No 10 still hopes to publish guidance telling schools they can stop children entering opposite-sex toilets and joining opposite-sex sports teams in the coming weeks.

But this would not include a ban on social transitioning.

“We’re looking at all options to ensure we have clear and strong guidance that protects children and empowers parents and teachers,” the government source said.

Tory MPs in favour

A sizeable group of Tory MPs are all in favour of making it easier for children to change their gender. On Wednesday night, others urged Mr Sunak to stand firm and press ahead with a law change to ban social transitioning in schools.

Sir John Hayes, chairman of the Common Sense Group of Conservative MPs, said: “Teachers deserve clear instructions about what to do in a challenging situation, and it is important that all of this takes place with the involvement of parents.

“We must not pander to a tiny minority of shrill trans activists who expect to get what they want because they shout the loudest. It’s true that a very small number of people are coming to terms with trans identity, and these need care and support.

“Good schools have experience of pastoral care, but they need clear guidance from the Government on how to support that pastoral role.”

Nick Fletcher, Tory MP for Don Valley, said: “I am concerned by suggestions that we need new or amended legislation to confirm that schools must abide by common sense, reality, and child safeguarding.”

Gillian Keegan, the Education Secretary, had promised that the trans guidance would be published before the end of the summer term. But it was delayed because the Prime Minister commissioned further legal advice before he makes a decision.

Medical approval

Mr Sunak is believed to agree with Kemi Badenoch, his equalities minister, that teachers should be told that children should only be able to self-declare their gender with medical approval.

But Ms Keegan is happier to accept social transitioning, as long as the children have parental consent. 

Ms Prentis, has warned that any restrictions on social transitioning could infringe the Equality Act, which lists gender reassignment as a “protected characteristic”.

It would mean a new law would have to be passed to allow the guidance to be brought into effect. This autumn’s King’s Speech would be the last opportunity to do so before the election.

A spokesman for the Department for Education said: “Given the complexity and sensitivity of the issue, we’re taking the time to make sure any guidance we provide is as clear as possible.

“We’ve been repeatedly clear about the importance of biological sex and we advise that schools and colleges proceed with caution – prioritising the safeguarding and wellbeing of all children and involving parents in decisions relating to their child.”