Transgender and non-binary pupils

It has been reported that some schools have failed to recognise the chosen name of transgender and non-binary pupils, have enforced gendered uniform rules and have not used the pupil’s preferred pronoun. 

Under the Equality Act 2010 schools have an obligation to not subject a pupil to any detriment as a result of their sex, sexual orientation or gender reassignment.  The Act infers upon transgender and non-binary pupils rights to wear the uniform of the gender they identify with, use gender specific facilities and be addressed as the gender with which they identify.

The Government Equalities Office has responded by announcing an initiative to fund projects in primary and secondary schools, which is intended to educate pupils on sexual orientation and gender identity, and to prevent bullying on those grounds.  This will involve teaching students to accept and respect individuality in “an age-appropriate way”.  The current DfES guidance on relationships and sex education is in the process of being updated to reflect lesbian, gay, bisexual and transgender issues for school pupils.

Our Education law Solicitor Thomas Emmett is based in our Basildon Office. For any enquiries call him on 01245 453847, or alternarivley email him on thomas.emmett@birkettlong.co.uk. 

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.