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Written Question
Schools: Gender Recognition
Tuesday 17th November 2020

Asked by: Baroness Nicholson of Winterbourne (Conservative - Life peer)

Question to the Department for Education:

To ask Her Majesty's Government what plans they have to publish new transgender guidance for schools; and when such guidance will be available.

Answered by Baroness Berridge

The department continues to work closely with the Government Equalities Office to understand developments in this area, including non-departmental guidance and reports, and consider how government can best support the school sector.

We recognise that these are complex and sensitive matters to navigate, and schools are best placed to work with parents, pupils and public services to decide what is best for individual children – and what is best for all others in the school.

To note, the department has published guidance to help schools understand how to fulfil their duties under the Equality Act 2010. This guidance is available here: https://www.gov.uk/government/publications/equality-act-2010-advice-for-schools.

In relation to teaching, the department has recently published implementation guidance for Relationships, Sex and Health Education (RSHE). This sets out that all resources used in teaching about gender and biological sex should be age-appropriate and evidence based. Teachers should not reinforce harmful stereotypes, for instance by suggesting that children might be a different gender based on their personality and interests, or the clothes they prefer to wear – they should of course always seek to treat individual students with empathy and support.


Written Question
Schools: Gender Recognition
Tuesday 17th November 2020

Asked by: Baroness Nicholson of Winterbourne (Conservative - Life peer)

Question to the Department for Education:

To ask Her Majesty's Government which Government department is responsible for the policy contained in guidance and reports on transgender education in schools.

Answered by Baroness Berridge

The department continues to work closely with the Government Equalities Office to understand developments in this area, including non-departmental guidance and reports, and consider how government can best support the school sector.

We recognise that these are complex and sensitive matters to navigate, and schools are best placed to work with parents, pupils and public services to decide what is best for individual children – and what is best for all others in the school.

To note, the department has published guidance to help schools understand how to fulfil their duties under the Equality Act 2010. This guidance is available here: https://www.gov.uk/government/publications/equality-act-2010-advice-for-schools.

In relation to teaching, the department has recently published implementation guidance for Relationships, Sex and Health Education (RSHE). This sets out that all resources used in teaching about gender and biological sex should be age-appropriate and evidence based. Teachers should not reinforce harmful stereotypes, for instance by suggesting that children might be a different gender based on their personality and interests, or the clothes they prefer to wear – they should of course always seek to treat individual students with empathy and support.


Written Question
Government Departments: Equality
Wednesday 3rd June 2020

Asked by: Baroness Nicholson of Winterbourne (Conservative - Life peer)

Question to the Department for Education:

To ask Her Majesty's Government what measures are in place in (1) Government departments, and (2) Government-funded institutions, to ensure that no person is discriminated against on the grounds of (a) age, (b) disability, (c) marriage and civil partnership, (d) pregnancy and maternity, (e) race, (f) religion or belief, (g) sex, and (h) sexual orientation.

Answered by Baroness Berridge

The Equality Act 2010, which applies to all employers and providers of services and functions including Government departments and Government funded institutions, proscribes discrimination on the grounds of each of the protected characteristics listed in the Question.

The Equality and Human Rights Commission has produced statutory codes to support understanding of the Equality Act 2010, including on Employment and Services, Public Functions and Associations.

In addition, under the Public Sector Equality Duty, set out in the Equality Act 2010, all public authorities and those delivering public functions must have due regard to the need to eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act; advance equality of opportunity between people who share a protected characteristic and those who do not; and foster good relations between people who share a protected characteristic and those who do not. The protected characteristics covered by the duty include all those listed in the Question.

In 2015, GEO published a guide on ‘Providing services for transgender customers’, which was applicable, but not limited, to the public sector. There are many examples of Government produced guidance to help with the provision of services that take protected characteristics into account, such as the Inclusive Transport Strategy and www.gov.uk guidance on disability and pregnancy.