The UK’s new plan for trans students: bathroom bans, forced outing, & no social transitions

The plan is likely to place trans and gender non-conforming children at greater risk.

The United Kingdom’s Department of Education has published its updated guidance for “Keeping Children Safe in Education 2026” (KCSIE) and it will take effect on September 1. However, the guidance is likely to put trans and gender-non-conforming children at greater risk.

“We criticise numerous aspects of the guidance, especially as to how schools should approach requests related to ‘social transition,’” The Good Law Project wrote in a statement responding to the draft guidance earlier this year. “We also emphasise its failure to properly explain how schools should accommodate the needs of trans pupils in accessing various aspects of school life, such as toilets, changing facilities, and sports.”

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Last year, the United Kingdom’s Supreme Court ruled that, for the purposes of the 2010 Equality Act, the legal definition of “woman” is based on “biological sex.” In the aftermath, the Equality and Human Rights Commission released temporary guidance on barring trans people from single-sex spaces. They’ve now released their finalized plan, which says that businesses and institutions should prevent trans people using a single-sex spaces, and that if they allow trans people to use them, they will no longer be considered single-sex spaces.

The aggressive new schools guidance set out in KCSIE is set to comply with the EHRC’s updated policies around single-sex spaces, ruling that trans and gender-questioning children cannot use spaces aligned with their gender identity, even if they have socially transitioned.

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“Schools must not allow children into toilets designated for the opposite biological sex,” the guidance reads. “This includes where schools are responding to a request to support any degree of social transition for children who are questioning their gender.”

The same policy is applied to changing rooms for those over 11 years old, nor should the students “share overnight accommodation with a child of the opposite biological sex,” it states.

The guidance allows for single-use restrooms “if a gender-questioning child does not want to use the toilet designated for their biological sex.” However, there is no actual requirement for this, but only the suggestion that “schools and colleges should consider whether they can provide an alternative toilet facility—for example self-contained individual toilets—without compromising the provision of single-sex facilities.”

When it comes to all of these arrangements, the guidance clearly states, “These alternative arrangements should not compromise the safety, comfort, privacy or dignity of the child, or of any other children.”

However, such arrangements in their own right will challenge the safety and dignity of trans children. One plaintiff in a lawsuit challenging Idaho’s bathroom bill died by suicide earlier this year. Before her death she said of similar provisions, “It is scary having to look around before to see if anyone will see me going into the single-user restroom, as I worry about people gossiping and speculating about me being transgender.”

When it comes to social transition at school, the guidance advises against staff and teachers supporting it, citing concerns raised in the controversial Cass Review. The guidance sets out extensive hurdles before any member of staff at a school or colleges can be supportive of a social transition.

The guidance establishes that “parents and carers should be actively involved and their views treated with importance.” That rule alone amounts to a forced outing policy that could put trans children at risk of harm if their family are not supportive. While the guidance goes on to carve out an exception for “rare circumstances” where involving parents and carers could pose a “greater risk,” such a policy would require a lot of trust and a careful hand from school administrators who are inexperienced with such matters.

The possibility of the school deciding not to allow the social transition is not only laid out but encouraged. The guidance notes that “when considering a child’s request for support with social transition will be to consider what is in the best interests of the child and other children, and a decision relating to social transition may not be the same as a child’s wishes.” They also note that, for younger children, support for a social transition should be “agreed very rarely.”

More of the choice is taken away from trans children and their families with the note that for “pre-pubertal children” clinical involvement should be part of the decision-making process and that “should include advising on the risks and benefits of social transition as a planned intervention, referencing best available evidence. This is not a role that can be undertaken by staff without appropriate clinical training.”

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