Good Law Project warns draft schools guidance could encourage unlawful discrimination

Today, Good Law Project has submitted our response to the 2026 draft statutory guidance on “keeping children safe in education”, raising concerns that the guidance in its current form could encourage schools to act in ways which would unlawfully discriminate against trans children.

In our response, we have set out the ways in which the proposals conflict with the obligations of schools under the Equality Act 2010, as well as the best interests of children. This places both schools, and their pupils, at significant risk. 

We criticise numerous aspects of the guidance, especially as to how schools should approach requests related to ‘social transition’. We also emphasise its failure to properly explain how schools should accommodate the needs of trans pupils in accessing various aspects of school life, such as toilets, changing facilities, and sports.

We have also reminded the Department for Education that it is obliged, under the Public Sector Equality Duty, to have “due regard” to the need to eliminate discrimination against those with the protected characteristic of gender reassignment. 

Good Law Project have requested that the Department for Education amend its guidance, giving proper consideration to the likely harmful impact of its proposals on young trans people.

The consultation on the guidance closes at 11.59pm on Wednesday 22nd of April.