In February 2026, we published an article summarising the Department for Education’s consultation draft of Keeping Children Safe in Education 2026 (“KCSIE”), which proposed incorporating guidance on supporting children who are questioning their gender directly into the statutory safeguarding framework.
The Government has now published its consultation response and the final version of KCSIE 2026. While the overall approach remains largely unchanged, a number of clarifications have been made following consultation feedback, particularly in relation to parental involvement and confidentiality. Schools should also note that the paragraph references in the final version of KCSIE differ from those contained in the previous consultation draft.
Keeping children safe in education 2026 – Government consultation response
Keeping children safe in education 2026 – Statutory guidance for schools and colleges
Parental involvement given greater emphasis
Our earlier article highlighted that parental involvement would be the default position when a child requests support relating to social transition, including changes to names, pronouns, clothing or other aspects of how they are treated at school.
Following consultation, the Government has strengthened the language concerning parental involvement. The consultation response confirms that parents’ views should “carry great weight” and reiterates the Government’s view that schools and colleges should have safeguarding considerations firmly in mind whenever a child discloses information that may raise concerns about their welfare.
The final guidance, now contained within paragraphs 266 to 269 of KCSIE, retains the position that parents should ordinarily be involved unless doing so would place the child at greater risk of harm, in which case the Designated Safeguarding Lead (“DSL”) should be involved before any decisions are taken.
Clarification where a child simply confides in a member of staff
One notable addition to the final guidance appears at paragraph 269.
The consultation response acknowledged concerns that schools might feel obliged to disclose information to parents whenever a child discusses their gender identity with a member of staff. In response, the Government clarified that where a child simply confides in a member of staff about their feelings, but does not request any changes to how they are treated, there is generally no reason to breach that confidence unless a safeguarding concern arises.
Paragraph 269 now provides that schools should follow their usual safeguarding procedures where a conversation gives rise to concerns about a child’s wellbeing or safety, including involving parents where appropriate.
This clarification did not appear in the consultation draft and provides helpful additional guidance for schools dealing with disclosures from pupils.
Position on social transition remains unchanged
The final guidance retains the approach to requests for social transition outlined in the consultation draft.
In particular, schools are reminded that it is not their role to initiate social transition and that any request must be considered through the lens of safeguarding and the best interests of the child and other children. The final guidance continues to emphasise the particular safeguarding considerations affecting primary-aged children and states that support for full social transition should be agreed only very rarely in primary schools (paragraph 271).
Single-sex facilities, boarding and sport
The consultation process did not result in any substantive changes to the provisions concerning sport, toilets, changing rooms, showers and boarding accommodation.
The Government has, however, provided further explanation of the rationale behind the guidance, emphasising the importance of safeguarding, privacy and dignity for all children.
The final KCSIE provisions are now located at:
- Sport: paragraphs 95–98
- Toilets: paragraphs 105–111
- Changing rooms and showers: paragraphs 112–116
- Boarding and residential accommodation: paragraphs 197–202
Schools should ensure that any existing policies or procedures refer to the updated paragraph numbers.
What schools should do now
The overarching principles discussed in our earlier article remain unchanged. However, schools should review any policies, training materials and guidance documents that might reference the consultation draft to ensure that:
- paragraph references are updated to reflect the final KCSIE 2026 numbering;
- staff are aware of the clarification at paragraph 269 regarding children who confide in staff without requesting social transition; and
- decision-making processes appropriately reflect the strengthened emphasis on parental involvement and safeguarding considerations.
The guidance is now incorporated into the final version of KCSIE and forms part of the statutory safeguarding framework that schools must follow from September 2026.
How Moore Barlow can help
The new KCSIE guidance requires schools to balance safeguarding duties, parental involvement, pupil confidentiality and the rights and wellbeing of the wider school community. These decisions can be particularly difficult where the circumstances are sensitive, contested or developing quickly.
Moore Barlow’s Independent schools lawyers can help schools interpret the new guidance and apply it confidently in practice. We can support you with:
- reviewing safeguarding, pastoral care and equality policies;
- updating staff guidance and training materials ahead of September 2026;
- advising on individual requests relating to social transition, confidentiality and parental involvement;
- responding to concerns, complaints or disputes involving pupils and parents; and
- ensuring that arrangements for sport, toilets, changing facilities and boarding accommodation comply with current legal and regulatory requirements.
Our lawyers work closely with senior leaders, governors and safeguarding teams, providing practical advice that reflects the specific circumstances and ethos of each school.
For further information, contact Cerys Cousins or a member of our independent schools team.
