1. Context and Purpose
This briefing supports educational institutions in England to understand their legal and moral responsibilities towards transgender and gender-questioning learners. It summarises the Department for Education (DfE) and Equality and Human Rights Commission (EHRC) expectations, integrating developments from the Cass Review and Equality Act 2010 guidance. The aim is to ensure all pupils, students, and staff are treated fairly, safely, and with dignity, regardless of gender identity or expression.
2. Key Legislative Frameworks
Equality Act 2010:
- Protects ‘gender reassignment’ as a characteristic, covering anyone proposing to undergo, undergoing, or having undergone gender transition. No medical diagnosis is required.
- Institutions must eliminate discrimination, advance equality, and foster good relations.
Human Rights Act 1998:
- Article 8 (private life), Article 9 (belief), Article 10 (expression), and Article 14 (non-discrimination) apply.
Education Act 2002 and KCSIE 2022:
- Schools must promote pupils’ moral, cultural, and physical development and safeguard all children.
RSE Statutory Guidance (2021):
Teaching about gender identity and relationships should be factual, inclusive, and respectful.
3. Key Messages for Educational Settings
- Inclusion, Safety and Respect – All children have the right to education free from discrimination or exclusion.
- Balancing Rights – Schools must balance competing protected characteristics using proportionality.
- Language and Communication – Respect chosen names and pronouns.
- Confidentiality – Respect learners’ privacy unless disclosure is legally required.
- Curriculum and Culture – Embed inclusion in RSE and the wider curriculum.
4. Learner Rights
| Learner Rights | Description |
| Dignity and Respect | All learners must be treated with respect regardless of gender identity or expression. |
| Access and Inclusion | Learners must be able to participate fully in education and extracurricular activities. |
| Privacy | Learners’ gender identity and information must be treated as confidential. |
| Curriculum Representation | Learners should see diversity reflected in lessons and resources. |
| Fair Treatment | Policies on uniform, admissions, and participation must not indirectly discriminate. |
5. Institutional Responsibilities
| Institutional Duty | Expectation |
| Compliance | Ensure compliance with the Equality Act 2010 and related human rights law. |
| Training | Provide regular EDI and gender awareness training for staff and governors. |
| Safeguarding | Maintain confidentiality and ensure all pupils are protected from harm or bullying. |
| Monitoring | Track equality outcomes and progress of transgender learners. |
| Engagement | Work collaboratively with learners, parents, and carers in best-interest decisions. |
6. Policy and Practice Recommendations
- Audit policies on uniform, sport, and facilities for potential indirect discrimination.
- Embed inclusion in staff training and student charters.
- Review governance roles for clarity on gender-related decisions.
- Monitor equality outcomes using data.
- Include learner voice in EDI development and review.
7. Key Takeaway
Supporting transgender learners is a legal, ethical, and educational duty. Institutions must create environments where every learner feels seen, respected, and safe to thrive. Equality and inclusion must be woven through every aspect of education.
8. Legal Context: Biological Sex Definition – April 2025 Ruling (Scotland & England)
In April 2025, the UK Supreme Court delivered a landmark judgment in For Women Scotland Ltd v The Scottish Ministers. The Court clarified the legal meaning of ‘sex’ under the Equality Act 2010, which applies across the whole United Kingdom, including England, Scotland, Wales, and Northern Ireland.
Scotland
- The case originated in Scotland under the Gender Representation on Public Boards (Scotland) Act 2018. On 16 April 2025, the Supreme Court ruled that for the purposes of the Equality Act 2010, the words ‘sex’, ‘man’, and ‘woman’ refer to biological sex as recorded at birth. This means that even individuals who hold a Gender Recognition Certificate (GRC) are recognised in law according to their biological sex when it comes to sex-based rights and single-sex services.
- The Scottish Government confirmed that the judgment takes immediate effect in law. For more information, see the Scottish Government’s official statement: https://www.gov.scot/publications/uk-supreme-court-ruling-on-meaning-of-sex-in-equality-act-update/
England and the Rest of the UK
Although the case arose in Scotland, the ruling interprets the Equality Act 2010, a UK-wide statute. Therefore, the decision sets a binding precedent for England, Wales, and Northern Ireland.
This means that, for the purposes of applying the Equality Act 2010 (including single-sex facilities, services, and employment), ‘sex’ must be interpreted as biological sex. See detailed analysis by Dentons and CIPD:
- Dentons: https://www.dentons.com/en/insights/articles/2025/april/29/supreme-court-ruling-on-woman-in-the-equality-act-2010
- CIPD: https://www.cipd.org/uk/views-and-insights/thought-leadership/insight/definition-sex-equality-act/
Implications for Toilets, Changing Rooms, and Single-Sex Facilities
- Schools, colleges, and universities should now review their facilities policies to ensure they align with this legal definition.
- Institutions may lawfully provide separate facilities based on biological sex (male/female) in line with the Equality Act 2010.
- The protected characteristic of gender reassignment continues to apply. Learners who are transgender or gender-questioning must still be protected from discrimination, harassment, or victimisation.
- Alternative arrangements—such as single-user, lockable, gender-neutral toilets—can ensure dignity and inclusion while complying with the law.
- Clear communication in policy documents and handbooks is essential to ensure transparency, respect, and safeguarding for all learners.
Further practical guidance: https://sex-matters.org/posts/publications/supreme-court-judgment-summary-and-practical-advice/