Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Department for Education:
To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, what plans they have to ensure that state schools provide same-sex toilets and changing facilities for (1) pupils, and (2) staff.
Answered by Baroness Smith of Malvern - Minister of State (Minister for Women and Equalities)
Single-sex spaces based on biological sex are protected in law and will always be protected by this government.
Under the Premises Regulations (2012) and Independent School Standards (2014) which apply to all maintained schools, academies and free schools, responsible bodies (such as school governing bodies, academy trusts or local authorities) are required to ensure that suitable toilet and changing facilities are provided. Regulation 4 states “separate toilet facilities for boys and girls aged 8 years or over must be provided except where the toilet facility is provided in a room that can be secured from the inside and that is intended for use by one pupil at a time”.
The responsibility for complying with the standards and regulations lies with the appropriate responsible body for the school.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Department for Education:
To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, what plans they have to issue guidance to schools about single-sex spaces, sports and activities for pupils and staff of the same biological sex.
Answered by Baroness Smith of Malvern - Minister of State (Minister for Women and Equalities)
The government has set out its expectation that organisations follow the clarity the ruling provides. The Equality and Human Rights Commission has already committed to supporting organisations with its updated statutory code of practice. We will engage them as necessary as they progress this work.
For children in schools, the department are currently reviewing the draft statutory relationships, sex and health education guidance and the draft non-statutory guidance on gender questioning children, ensuring that children’s wellbeing is at the heart of both. Departmental officials are analysing consultation responses, talking to stakeholders and considering the evidence, including the Cass Review, before deciding next steps.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Department for Education:
To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, what plans they have to issue guidance to organisations and other stakeholders that interact with the Department for Education about implementing the Supreme Court ruling.
Answered by Baroness Smith of Malvern - Minister of State (Minister for Women and Equalities)
The government has set out its expectation that organisations follow the clarity the ruling provides. The Equality and Human Rights Commission has already committed to supporting organisations with its updated statutory code of practice. We will engage them as necessary as they progress this work.
For children in schools, the department are currently reviewing the draft statutory relationships, sex and health education guidance and the draft non-statutory guidance on gender questioning children, ensuring that children’s wellbeing is at the heart of both. Departmental officials are analysing consultation responses, talking to stakeholders and considering the evidence, including the Cass Review, before deciding next steps.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Department for Education:
To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, what plans they have to issue guidance to single-sex schools about the admission of pupils who are not of the same biological sex.
Answered by Baroness Smith of Malvern - Minister of State (Minister for Women and Equalities)
The department is currently reviewing the draft non-statutory guidance for schools and colleges on gender questioning children. The guidance will cover a range of topics relating to the requests that gender questioning children might make and the action schools and colleges should take.
My right hon. Friend, the Secretary of State for Education, has been clear that children’s wellbeing must be at the heart of this guidance and, as such, the government is looking carefully at the consultation responses, discussing with stakeholders and considering the relevant evidence, including the final report of the Cass Review, which was published post-consultation, before setting out next steps.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Department for Education:
To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, whether they plan to issue guidance to state schools about children or pupils who wish to change their gender designation, pronouns or clothing without parental consent.
Answered by Baroness Smith of Malvern - Minister of State (Minister for Women and Equalities)
The department is currently reviewing the draft non-statutory guidance for schools and colleges on gender questioning children. The guidance will cover a range of topics relating to the requests that gender questioning children might make and the action schools and colleges should take.
My right hon. Friend, the Secretary of State for Education, has been clear that children’s wellbeing must be at the heart of this guidance and, as such, the government is looking carefully at the consultation responses, discussing with stakeholders and considering the relevant evidence, including the final report of the Cass Review, which was published post-consultation, before setting out next steps.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Department for Education:
To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, whether they will issue guidance about disciplinary action for teachers who call a pupil by the name or pronoun of the pupil's biological sex.
Answered by Baroness Smith of Malvern - Minister of State (Minister for Women and Equalities)
The department is currently reviewing the draft non-statutory guidance for schools and colleges on gender questioning children. The guidance will cover a range of topics relating to the requests that gender questioning children might make and the action schools and colleges should take.
My right hon. Friend, the Secretary of State for Education, has been clear that children’s wellbeing must be at the heart of this guidance and, as such, the government is looking carefully at the consultation responses, discussing with stakeholders and considering the relevant evidence, including the final report of the Cass Review, which was published post-consultation, before setting out next steps.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Department for Education:
To ask His Majesty's Government what steps they will take to ensure that teachers who assist a pupil under the age of 18 with changing their gender, without parental information or consent, are prosecuted for child abuse.
Answered by Baroness Barran - Shadow Minister (Education)
The department is working with the Minister for Women and Equalities to develop non statutory guidance to support schools in relation to children who are questioning their gender. It is the department’s intention that the guidance will cover a comprehensive set of relevant topics to provide clarity to schools and teachers on how to respond to children who are questioning their gender. This work is based upon the principle of protecting children and ensuring their safety and as such it will reflect the existing laws and duties placed on schools.
These decisions must not be taken lightly or in haste, and so it is vital that the guidance published by the department gives clarity for schools and colleges and reassurance for parents. Therefore, it is important that the department is able to consider a wide range of views in order to get the guidance right, so it has committed to holding a full public consultation on the draft guidance prior to publication, at the earliest opportunity.
In the meantime, schools and colleges should proceed with extreme caution. They should always involve parents in decisions relating to their child and should not agree to any changes that they are not absolutely confident are in the best interests of that child and their peers. They should prioritise safeguarding by meeting their existing legal duties to protect single sex spaces and maintain safety and fairness in single sex sport.
The Department’s statutory guidance ‘Working Together’ and ‘Keeping Children Safe in Education’, which can both be found attached, already sets out the legal responsibilities and duties placed on professionals and schools in relation to safeguarding and promoting the welfare of children. These are sensitive cases which require professional judgement that takes account of the factors in each particular case.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Department for Education:
To ask His Majesty's Government what assessment they have made of reports that a teacher in Rye College in East Sussex called a year 8 pupil "despicable" and "homophobic" because she allegedly said that a person who identified as a cat was ill; and what action, if any, they plan to take in response to this matter.
Answered by Baroness Barran - Shadow Minister (Education)
The safety and wellbeing of students is our top priority. The department is clear that teachers should not teach contested views as fact, and it is important that parents and carers are reassured their children are not being influenced by the personal views of those teaching them.
My right hon. Friend, the Secretary of State for Education, has asked the Regional Director to look into the matter further to establish the full details of the case and whether the school requires any additional support. It is right that these issues are thoroughly looked at and the requisite action is taken, and we understand that Ofsted is considering its response.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Department for Education:
To ask His Majesty's Government what assessment they have made of their liability to damages if harm were to occur as a result of a state school assisting a child in changing their gender.
Answered by Baroness Barran - Shadow Minister (Education)
My right hon. Friend, the Secretary of State for Education is working closely with my right hon. Friend, the Minister for Women and Equalities to provide guidance for schools in this area, following calls from schools, teachers and parents.
This work is based upon the overriding principle of safeguarding children. It will consider a range of issues and reflect the law.
A consultation on the guidance will be published this term.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Department for Education:
To ask His Majesty's Government what plans they have to bring forward legislation to prevent pupils being recognised by schools as having changed their gender without parental consent.
Answered by Baroness Barran - Shadow Minister (Education)
My right hon. Friend, the Secretary of State for Education is working closely with my right hon. Friend, the Minister for Women and Equalities to provide guidance for schools in this area, following calls from schools, teachers and parents.
This work is based upon the overriding principle of safeguarding children. It will consider a range of issues and reflect the law.
A consultation on the guidance will be published this term.