Statutory safeguarding guidelines updated for sept 2026

[WarriorN]

I’ve just had an alert - looks like new guidance is out.

I’ve not looked properly yet though.

https://www.gov.uk/government/publications/keeping-children-safe-in-education--2

Toilets and changing:

Page 64 had guidelines on gender questioning children

https://assets.publishing.service.gov.uk/media/6a4cf903b7203c4c023fd2f3/Keeping_children_safe_in_education_2026_.pdf

Sport:

@singlesexspacesinschoolsthought you’d be interested!

The word ‘room’ is going to be scrutinised! ‘Room’ is not a cubicle.

Having had a look through the gender bit with the draft one next to it, very little has changed.

Parents views should now be treated with 'great weight' and be 'properly considered' rather than just being treated with importance,

If a child tells a member of staff they are questioning their gender but doesn't request transition, there is still no reason for a teacher to break that confidence but they have added that if the conversation raises concerns about a child's wellbeing, normal reporting procedures should be followed which may involve telling parents.

Children who are seeking social transition should now also be told of the risks and benefits of social transition according to best evidence, and this should be done by someone with clinical training.

In the draft all children who were questioning gender were to be treated as having the protected characteristic of gender reassignment, now it's only where it is unclear whether they have it that they should be assumed to have it.

My scanned take aways:

• schools must not allow children into toilets designated for the opposite biological sex
• schools must provide separate toilets for boys and girls aged 8 and over, except where the toilet is a single-user room lockable from the inside
• mixed-sex toilets, if provided in addition to single-sex toilets, should be individual, lockable rooms opening directly onto public areas
• schools must not allow a child aged 11 or over to undress in front of a child of the opposite biological sex
• social transition does not override toilet, changing room, boarding, residential accommodation or safety-based sport rules
• schools must keep clear records, communicate arrangements appropriately, and review them regularly
• all relevant staff must know a child’s biological sex, and schools are legally required to record biological sex accurately wherever it is recorded.

The word ‘facilities’ is going to cause a few headaches where schools have the toilet cubicles surrounding the sinks in a mixed sex area.

The whole thing will cause some headaches imo

It’s emphasising that caution should be given with social transition; parents and clinicians should be involved.

I'm reminded of Stephen Flagherty who lost his job for telling a mother that the college had transitioned her vulnerable daughter without telling her.

He is thoroughly vindicated by this but I don’t know if he’ll win his case?

His crowdfunder still needs some attention btw.

Thanks, OP.

Tentatively hopeful.

It should be noted that:

School and college staff
It is essential that everybody working in a school or college understands their
safeguarding responsibilities. Governing bodies and proprietors should ensure that those staff who work directly with children read at least Part one of this guidance.

The gender questioning stuff is in part two. However, it features heavily from the outset of part 2.

So trans kids still being allowed in opposite sex sports, so long as it isn't safety critical? Is this the same as before or has it got any stricter?

Same as before.

It explains the EA and schools:

Whilst all of the above protections are important in the context of
safeguarding, this guidance and the legal duties placed on schools and colleges, in
relation to safeguarding and promoting the welfare of children, governing bodies
and proprietors should carefully consider how they are supporting their pupils and
students with regard to protected characteristics - including disability, sex, sexual orientation, gender reassignment and race.

93. Provisions within the Equality Act allow schools and colleges to take positive
    action, where it can be shown that it is proportionate to deal with particular
    disadvantages affecting pupils or students with certain protected characteristics, in
    order to meet their specific need. A school or college, could, for example, consider
    taking positive action to support girls if there is evidence that they are being
    disproportionately subjected to sexual violence or sexual harassment, including
    online. There is also a duty to make reasonable adjustments for disabled children and young people.

94. Guidance to help schools understand how the Equality Act affects them and
    how to fulfil their duties under the Act can be found at Equality Act 2010: advice for
    schools.GOV.UK it may also be useful for colleges. For further information see
    Guidance: EHRC (equalityhumanrights.com).

Sport
95. This section apples to schools, institutions within the “further education sector” as defined by the Further and Higher Education Act 1992 and 16-19 academies, all of which are covered by part 6 of the Equality Act 2010. This section does not apply to colleges that are not 16-19 academies and are outside the “further
education sector” as defined by the Further and Higher Education Act 1992. These
colleges may be covered by part 3 or 5 of the Equality Act 2010 and they should
take independent legal advice on compliance, taking into account their
safeguarding obligations towards children and the importance of ensuring sport is
safe and fair.

96. As children get older, some sports are typically taught and played in single- sex groups.26 The Equality Act 2010 contains an exception in relation to single-sex sport. It applies to participation in any sport or game, or activity of a competitive nature, 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). This means that schools and colleges can separate children according to their biological

26 Schools should be informed by guidance from National Governing Bodies on safe and fair operation of individual sports.30sex in these circumstances without discriminating unlawfully against them on the basis of their sex.

97. Some sports may need to be played in single-sex groups from a certain age
    to ensure children’s safety, and where this is the case there must be no
    exceptions. In other cases, schools or colleges may have adopted a policy of
    single-sex sports for reasons related to fairness.

98. Where there are no safety concerns and a child makes a request relating to
    how they participate, schools and colleges will need to consider the request in light
    of the advice on “considering requests for support with social transition”. This
    means that the school or college would need to take into account all the relevant
    factors, including whether supporting social transition is overall in the best interests of the child, as well as considering the impact on other children and the aim of
    creating safe and fair environments for children to participate in PE.

A lot of schools run mixed sex PE till around yr 10

Re social transition not overriding safeguarding, what about kids on blockers and hormones?

And what about those kids already in opposite sex secondary schools?

It’s a fucking mess.

it should never have taken this long.

and it’s still very problematic.

I've been posting for over a decade here on this now; if we’d had this ten years ago things would be very different now.

I would have been delighted with this then. Now - this is shutting the door after the horse has bolted. Yes I’m glad that as a professional I can refer to these things freely in school.

However. The very fact that the idea some kids might socially transition and later physically so is in a SAFEGUARDING document is appalling.

Not sure what this part means in reality:

277. The school or college should also make sure that children and their families are aware that while the school or college will appropriately sanction any cases of bullying or harassment, and take a strong stand against bullying, the school or college must also be conscious of the rights of pupils and staff in relation to their religion or belief. However, schools and colleges supporting social transition might consider discussing options with pupils and staff such as using names instead of pronouns.

Repeated and deliberate misgendering may be seen as harassment (although I don't think this counts in schools).
But using wrong-sex pronouns could be against someone's religion or beliefs.

So workarounds like using names instead of pronouns should be encouraged to avoid this.

It would not be reasonable for either side to object to this is the thought.

I'd hoped that wouldn't make it through to the final cut. Involving children in discussions about pronoun use or other "options" is unacceptable. As coercion of others is baked into all this, schools shouldn't be encouraged in any way to involve peers in any of this. The previous draft guidance was very clear about this.

Our school claimed that a cubicle with floor to ceiling panels was a room.

I can’t see if they specify separate sex handwash facilities or just ‘toilets’.

The final document is extremely close to the draft guidance. I'm not sure where you think it was clearer?

They don't specify sinks anywhere.

There’s also this:

https://x.com/cforwomenuk/status/2074501917707850151?s=46&t=A2fpFNgDRyXF2d6ye97wEA

this gives more detail https://x.com/cforwomenuk/status/2074501917707850151?s=46&t=A2fpFNgDRyXF2d6ye97wEA