Revised guidance for schools and colleges is on the way following Supreme Court ruling on biological sex
In a House of Commons debate on 22 April 2025, following the For Women Scotland Supreme Court ruling that sex in the Equality Act 2010 means biological sex, Bridget Phillipson, MP for Women and Equalities confirmed that statutory guidance on teaching relationships, sex and health education (RSHE) in schools will be revised as will the non-statutory guidance on gender questioning children.
Guidance on gender-questioning children
The previous government published draft guidance for gender-questioning children and launched a consultation on it. The draft guidance provides detailed advice on handling different information requests such as changing the name and pronouns of children; single sex spaces including toilets, changing rooms and showers; boarding and residential accommodation; uniforms; physical education and sport; and single sex schools.
The government was particularly interested in whether the guidance would help to support schools and colleges, teachers and leaders to make considered and lawful decisions in relation to children who are questioning their gender.
The outcome to that consultation has not yet been published.
In the debate, Ms Phillipson said that she recognises the importance of providing clarity to school leaders and referred to the final independent review of gender identity services for children by Dr Hilary Cass that was published in April 2024. You can read our analysis of that report and the draft guidance here.
She said that she recognised that parents must be involved in important decisions about their children's lives such as socially transitioning them and said the government would publish revised guidance later ths year to provide "necessary further clarity.”
RSHE guidance
Last year the previous government published a new consultation on proposed changes to the statutory guidance on teaching relationships, sex and health education (RSHE) in schools which signified a significant change of approach. You can read our analysis here.
The consultation ended after the election. Ms Phillipson said that the government would publish revised guidance, although she didn't commit to a particular timeframe. She explained that “It is an important principle that parents should understand what is being taught to their children at school, and we will ensure that this is maintained.”
What does this mean for schools and colleges?
Schools and colleges can therefore expect updated guidance on gender questioning children and updated RSHE guidance which it's hoped will provide clear practical guidance for schools and colleges.
Once published schools and colleges will need to thoroughly digest the information. They will need to consider the implications for their own policies and practices and make any necessary adjustments to ensure compliance.
We'll keep you posted.
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