New guidance on supporting gender questioning children to be incorporated within KCSIE – what schools need to know
The Department for Education (DfE) published an updated version of Keeping Children Safe in Education (KCSIE) on 12 February 2026, incorporating new guidance on supporting children who are questioning their gender. This builds significantly on the limited reference to children questioning their gender, set out in paragraphs 205 – 208 of the September 2025 update to KCSIE.
By incorporating the new guidance into KCSIE, the DfE has adopted a different approach to the previous Conservative government, which issued draft guidance on supporting gender questioning children in December 2023. This was set out in a standalone document and consultation period followed. The new guidance will have statutory force and is directly linked to other safeguarding provisions set out in KCSIE.
The DfE has opened a public consultation on the proposed changes to KCSIE and this closes on 22 April 2026. The updated version will come into force in September 2026. Some changes to the new guidance on supporting gender questioning children may be made, but we do not expect these to be substantial. The new guidance directly references and is aligned to the report published in April 2024 following the independent review of gender identity services for children carried out by Dr Hilary Cass (the Cass Review).
We summarise below the key points set out in the new guidance.
Parental involvement as the default
The guidance makes a number of references to decisions being taken by schools in consultation with parents and treating their views with importance. There are also several references to adopting a very careful approach. (KCSIE 2025 advises a ‘cautious’ approach.) The new guidance states that involving a child’s parents ‘will enable schools and colleges to promote a child’s wellbeing and protect them from harm’ (paragraph 261). The guidance goes on to say that “in the rare circumstances where involving parents or carers would constitute a greater risk to the child than not involving them, the school or college should involve their DSL” to determine what action is needed to safeguard the child, before parents are contacted or any decisions are taken (paragraph 262). Accordingly, the default is to involve parents in discussions and any decisions including any changes to names, pronouns, clothing or other aspects of social transitioning.
Social transition
The guidance makes clear that:
- it is not for schools to initiate any action regarding social transition – the guidance is focused on circumstances where a child or their parent has raised a request relating to social transition, to which the school is responding. This includes any request to change names, pronouns, or clothing.
- In making their decisions, schools must comply with their distinct obligations under safeguarding legislation including KCSIE, equality and human rights law (e.g. provisions in the Equality Act relating to the protected characteristic of gender reassignment).
- The guidance provides that the first step when considering a request for support with social transition will be to consider what is in the best interests of the child and other children. Schools have a statutory duty to safeguard and promote the welfare of all children. A decision relating to social transition may not be the same as the child’s wishes. It is likely to be a balancing exercise.
- The guidance highlights the safeguarding concerns relating to primary aged children and reference is made to the Cass Review including early clinical involvement when families are considering social transition for pre-pubertal children. This would cover advice on the risks and benefits of social transition as a planned intervention.
- Whereas the 2023 draft guidance provided that changes to pronouns should not be agreed for primary aged children, the 2026 guidance adopts a more nuanced approach, highlighting the heightened risk for younger children and advising primary schools to exercise particular caution, stating that ‘we would expect support for full social transition to be agreed very rarely’ (paragraph 264).
- Schools should be alive to any indications that a child who wishes to socially transition is a target for bullying or harassment and they must ensure any cases of bullying or harassment are appropriately sanctioned. The guidance provides that schools supporting social transition might consider discussing options with pupils and staff such as using names instead of pronouns.
Correct information about a child’s biological sex
Schools and colleges are legally required to record a child’s biological sex accurately, wherever such information is recorded. This enables a school to fulfil its safeguarding duties.
Children living in stealth
There is a new section (paragraph 274) on children living in stealth. This is a reference to children who have fully transitioned from an early age and school staff/friends may be unaware of their biological sex. The Cass Review comments on such children, noting that they may be particularly vulnerable and may approach puberty in a fearful and anxious state. The guidance states that schools should involve their DSLs in such cases.
Sport, toilets, changing rooms/showers, boarding and residential accommodation
In addition to detailed guidance relating to children who are questioning their gender (set out in paragraphs 245 – 275) there are new paragraphs set out in the earlier part of KCSIE relating to sport, toilets, changing rooms/showers, boarding and residential accommodation. We summarise these below.
Sport
The guidance states that as children get older, some sports are typically taught and played in single-sex groups. The Equality Act contains an exception relating to single sex sport – meaning this may not amount to unlawful discrimination. This applies to any sport or game where the physical strength, stamina or physique of the average girl would put her at a disadvantage in competition with the average boy (or vice versa). The impact of this is that schools may lawfully separate children according to their biological sex, so some sport may be played in single-sex groups from a certain age to ensure children’s safety. The guidance provides that in such cases there should be no exceptions (paragraph 96). In cases where there are no safety concerns, schools will need to consider all the factors they took into account when considering a request to socially transition, before making a decision on a child of one biological sex playing a sport with children of the opposite sex.
Toilets
What is clear is that schools must not allow children into toilets designated for the opposite biological sex. There are no exceptions to this. Separate toilets must be provided for boys and girls aged 8 and over. The exception to this is individual toilets, intended for use by one pupil at a time, in a room that can be locked for the inside. For younger children, aged under 8, mixed sex toilets are permitted. If a child does not want to use a toilet designated for their biological sex, an alternative facility should be considered by schools such as a self-contained individual toilet. Such an arrangement must not compromise the safety, comfort, privacy or dignity of the child or of other children. Any arrangements that are agreed should be recorded and reviewed regularly.
Changing rooms and showers
Schools must not allow a child aged 11 or older at the start of the school year to undress in front of a child of the opposite biological sex, to comply with their safeguarding duties. Schools must therefore provide suitable changing and shower facilities for pupils aged 11 or older at the start of the school year. If a transitioning child does not wish to use facilities designated for their biological sex, the school should consider whether it may provide an alternative changing or washing facility. This could be a fully enclosed room for one child at a time that can be secured from the inside. Any such arrangements agreed should be recorded by the school and kept under review.
Boarding and residential accommodation
To comply with safeguarding duties, a school must not allow a child to share overnight accommodation with a child of the opposite biological sex. If a child who is socially transitioning does not wish to share accommodation with children of the same biological sex, alternative arrangements should be considered where possible. This could be a separate room.
Our advice to schools is to review their current arrangements for supporting gender questioning children and ensure that these align with the new guidance. Any adjustments and staff training should take place in good time. We also recommend that schools consider drawing up a policy on supporting gender questioning children and ensure that staff understand how this policy will be applied in practice.
Dr Hilary Cass has publicly supported the new guidance, describing it as practical, evidence aligned, and a welcome correction to previous inconsistencies in how schools managed social transition requests. Dr Cass has reiterated that social transition should remain the exception rather than the rule, especially for younger children.
In addition to the new provisions on supporting gender questioning children, the draft KCSIE 2026 consultation also includes several wider updates. These include strengthened guidance on serious violence and weapons, new content on misogyny, clearer advice on information sharing between safeguarding agencies, updated guidance on mental health as a safeguarding concern, strengthened requirements on filtering and monitoring of online systems, and new advice relating to mobile phone free school environments, AI‑related risks, and cyber security.
Consultation details
The consultation is open until 22 April 2026, and the draft guidance and consultation may be accessed here:
- Keeping Children Safe in Education 2026 – Government Consultation
- Keeping children safe in education 2026 revisions
How Moore Barlow can help
We would be delighted to support any schools that have questions regarding the practical application of this guidance, as well as in drawing up or reviewing a policy on supporting gender questioning children. Please contact our Independent Schools team for assistance.
