On 12 February 2026, the Government launched a 10 week consultation, closing on 22 April 2026, on proposed amendments to Keeping Children Safe in Education (KCSIE) which will be operational from 1 September 2026.
Whilst there are some proposed changes to all parts of KCSIE for September 2026, this article will focus on the main proposals concerning gender questioning children and the enhanced role of the Designated Safeguarding Lead, (DSL), especially when dealing with the rise in child-on child abuse including harassment and violence, and other forms of violence to include knife-crime.
It is also important to note that all staff will now be required to read Part One in full, Annexe A, the previously condensed Part One, having been withdrawn.
Gender questioning children
It is clear that gender questioning children are now to be viewed through the prism of safeguarding; the consultation reflects the government’s stated intention that by including advice on what is recognised to be a highly contested policy area in KCSIE, the intention to reflect the importance for schools of making careful decisions about what is in the best interests of children, including children who are questioning their gender.
The Cass Review, published on 10 April 2024, whilst focussing on the clinical services provided to children and young people, acknowledged that it is important that schools guidance reflects the principles and evidence from the review.
The principles include the need for:
- caution and clinical advice in relation to supporting social transition of pre-pubertal children;
- the involvement of parents in decision making wherever possible.
Both of these are especially significant in the context of safeguarding.
Schools have obligations to safeguard and promote the welfare of all children in their care, and children who are questioning their gender are no exception. Children who are questioning their gender will need sensitive and thoughtful involvement from their school. When handled well, with appropriate parental involvement and attention to any clinical input, the school’s involvement should help to avoid safeguarding issues arising. The guidance is focussed on what is in the best interests of the individual child, together with the legal duties and responsibilities of schools.
Schools are reminded that they should take time to understand the thoughts and feelings of children who are questioning their gender and should be appropriately professionally curious about the full range of the child’s experiences, and that they should remain aware of the potential vulnerabilities of children who are questioning their gender, including the possibility of complex mental health and psychosocial needs, for example relating to relationships with family, peers or their broader social environment, including discriminatory bullying.
Schools should consider adopting policies across school life that maintain flexibility and avoid rigid rules based on gender stereotypes. This means that when considering any request for social transition, the school should first consider what is in the best interests of the child; this applies to any element of social transition including requests for the school to support a change in pronouns, name or uniform.
However, whilst flexible policies are advised, there is now reference to specific regulations and safeguarding requirements relating to school premises (which are already in force), which schools are also required to adhere to.
Toilets
Schools must not allow children into toilets designated for the opposite biological sex. This includes where schools are responding to a request to support any degree of social transition for children who are questioning their gender.
Schools must provide separate toilets for boys and girls aged 8 and over (apart from where individual toilets are in a room that can be locked from the inside, intended for use by one pupil at a time). This is required by the School Premises (England) Regulations 2012 and, for academies and independent schools, the Education (Independent School Standards) Regulations 2014.
Therefore, if a child does not want to use the toilet designated for their biological sex, schools should consider whether they can provide an alternative toilet facility, for example self-contained individual toilets, without compromising the provision of single-sex facilities, however, these alternative arrangements should not compromise the safety, comfort, privacy or dignity of the child, or of other children.
Schools are reminded to keep a clear record of these situations, ensure they are communicated appropriately and review them regularly.
Changing rooms
In addition, schools must not allow a child aged 11 years or over at the start of the school year, (thus it will not affect Year 6 pupils turning 11 in the academic year), to undress in front of a child of the opposite biological sex, in order to comply with their safeguarding duties. When responding to a request to support any degree of social transition, this must not include allowing access to changing rooms designated for the opposite sex.
If a child does not want to use the changing rooms and showers designated for their biological sex, schools should consider whether they can provide an alternative changing or washing facility, but this must not compromise the provision of single-sex facilities. It is suggested that this could be a fully enclosed room – for use by one child at a time that can be secured from the inside – or by allowing access to facilities at an alternative time. Again, all such situations should be recorded, communicated appropriately and kept under review.
Overnight accommodation
Further, to comply with their safeguarding duties schools must not allow a child to share overnight accommodation with a child of the opposite biological sex. Responding to a request to support any degree of social transition must not include allowing access to boarding or residential accommodation designated for the opposite sex.
In allocating sleeping arrangements such as dormitories, tents or shared rooms for school trips, schools must have regard to their duties under the Equality Act 2010, their safeguarding obligations, and other relevant regulations and standards, including those relating to boarding and residential accommodation.
If, however, a child does not want to share a room with another child of the same biological sex, alternative arrangements should be sought where possible. Alternative arrangements should not compromise the safety, comfort, privacy or dignity of any child. They might include, for instance, finding a suitable separate room for the child. Where a child’s concern reflects a request for support with social transition, the school is reminded that it should consider the section on “considering requests for support with social transition” before making any decisions.
Sport
Sports are now also covered in this draft version of KCSIE. The Equality Act 2010 already 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 can separate children according to their biological sex in these circumstances without discriminating unlawfully against them on the basis of their sex.
It is recognised that 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 should be no exceptions. In addition, many sports governing bodies already publish advice on this e.g. RFU Age Grade Rugby and England Netball Gender Eligibility and Participation.
Where there are no safety concerns and a child makes a request relating to how they participate, schools will need to consider the request in light of the advice on “considering requests for support with social transition”. This means that the school 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.
Serious violence and the role of the DSL
This part of the guidance has been substantially updated.
Serious violence is a continuing safeguarding concern. It may involve physical assault, carrying, threatening with, or using weapons, often in the context of peer conflict or bullying, and it can also be associated with criminal exploitation. Staff should report any concerns about a child carrying or using a weapon (or expressing intent to do so) to the DSL (or a deputy), without delay who will assess the risk and take appropriate action.
Staff are required to be alert to signs that a child may be at risk of, or involved in, serious violence. These risks are higher for children with disrupted education (e.g. suspensions, permanent exclusions, time in alternative provision) or a history of offending. Schools should also try to be alert to when children might be at highest risk around the school day (for example immediately after school, and when travelling to and from school).
The DSL is responsible for ensuring that child protection files are kept up to date and where children leave the school (including in-year transfers) the DSL should ensure their child protection file is transferred to the new school as soon as possible, and within 5 days for an in-year transfer or within the first 5 days of the start of a new term. In our experience, it is not uncommon for there to be a delay with schools sharing these records, leading to serious safeguarding concerns and risks going undetected in the new school.
The child protection file should always be transferred separately from the main pupil file, ensuring secure transit, and confirmation of receipt should be obtained.
Receiving schools and colleges should ensure key staff such as the DSL and special educational needs co-ordinators (SENCOs), are updated as required.
In addition to the child protection file, the DSL is now required to also consider if it would be appropriate to share any information with the new school in advance of a child leaving, particularly where the information would support an assessment of risk to others in the school as well as the individual pupil. For example, information that would allow the new school to continue supporting children who have had a social worker and been victims of abuse, or those who are currently receiving support through the ‘Channel ‘programme and can have that support in place for when the child arrives or incidents that may indicate concerns about serious violence or harmful behaviours. It is recognised good practice for a conversation to take place between the DSLs at both settings where there are issues or concerns. We recommend that both schools keep a written record where such a conversation takes place which includes the issues that have been discussed.
The issue of young people carrying knives or other dangerous weapons continues to affect schools (some, in our recent experience, as young as 8), these conversations are more critical than ever.
Next steps
In light of these proposed amendments, it is advised that all schools and academy trusts should reflect on the draft guidance, consider whether to respond to the consultation and ensure that all staff child protection and safeguarding training is current and up to date.
It is for individual governing bodies and the academy trust collectively to measure outcomes; by measuring and ensuring staff knowledge, remembering that knowledge and practice is the key, not attendance or staff confirmation that they have read something. It is governing bodies and proprietors, (academy trusts), who have the ultimate responsibility for strategic leadership and safeguarding and promoting the welfare of all children for whom they are responsible.
For assistance with all your Safeguarding and Child Protection issues please contact our team of specialist lawyers at schoolsupport@wslaw.co.uk or on 0345 070 7437.