The 2026 update to Keeping children safe in education (KCSIE) came into effect from 1 September 2026. As a result of the changes, schools will need to review their safeguarding policies, together with training and day to day operational practices, as this year’s update provides the most significant update that we have seen for some time.
One of the most substantive changes is that all staff are now required to read Part One in full, Annexe A, the previously condensed Part One having now been withdrawn.
We have highlighted further significant changes below and in our separate articles on the new guidance. This article examines the changes relating to gender questioning children.
Gender questioning children – Paras 252-282
It is clear from the updated KCSIE guidance that gender questioning children are now to be supported and viewed through the prism of safeguarding. By including guidance on this topic in KCSIE on what is recognised to be a highly contested policy area, it reflects the importance for schools of making careful decisions about what is in the best interests of children, including those who are questioning their gender.
The guidance is focussed on what is in the best interests of the individual child, together with the legal duties and responsibilities of schools, and largely follows the findings and recommendations in the Cass Review into NHS gender identity services for children and advocates taking a cautious approach with the following core principles:
- Schools must not initiate social transition: The guidance only applies where a child or their parent has raised a request relating to social transition. Members of staff must not adopt any changes relating to social transition unless a school-level decision has been made, led by the Designated Safeguarding Lead (DSL) and almost always after the child’s parents or carers have been involved, save where their involvement poses its own safeguarding concerns and places the child at risk of harm.
- Social transition is an active intervention: Social transition may have significant effects on a child’s psychological functioning and longer-term outcomes. Primary schools should exercise particular caution, and support for full social transition should be agreed very rarely, and only when it is in the best interests of the child.
- Parental engagement is a priority: Only in the rare circumstances where involving parents would create greater risk of harm should the DSL determine what action is needed before parents are contacted. Reference to specific regulations and safeguarding requirements relating to school facilities: The guidance states that schools must not allow children to use 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 (for maintained schools) and The Education (Independent School Standards) Regulations 2014, which apply to academies and independent schools.
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.
In addition, schools must not allow a child aged 11 years or over at the start of the school year, to undress in front of a child of the opposite biological sex. 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 circumstances and situations should be recorded, communicated appropriately and kept under review.
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.
Sports are now also covered in this 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; schools are advised to check for and follow the appropriate sporting governing body’s advice.
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. Again, such issues should be escalated internally to the DSL so that any decisions are carefully considered by relevant staff in light of the guidance in KCSIE and any external advice that may be required. Decisions of this kind should not be made by individual members of teaching staff.
What steps should schools be taking now?
- Review the School’s equality and safeguarding policies so that they reflect the key principles and decision-making framework set out in KCSIE 2026. A school-level policy on social transition, which sets out the steps a school will follow when a request is made, will give staff a structured, consistent approach. That could be a stand-alone policy or set out within existing equality and safeguarding policies.
- Make sure internal procedures require the DSL to be informed and involved from the outset of any gender-related request, noting that there may be wider welfare, mental health or neurodevelopmental factors to consider.
- The DSL should review all social transition decisions taken prior to September 2026 and document whether they remain appropriate under the new framework.
- Audit toilets, changing rooms and boarding arrangements, where provided, to confirm single-sex provision and identify available alternative facilities for gender-questioning pupils.
- Ensure all discussions, decisions and the reasons for them are recorded in writing and stored securely.
- Confirm that biological sex is accurately recorded across all school systems and that relevant staff have access to this information. We are aware of circumstances where a child has moved school and their records did not reflect their biological sex.
- Consider training for staff on the new framework, to include the policies that set out each individual school’s approach.
For assistance with safeguarding and child protection issues, please contact our team of specialist lawyers at schoolsupport@wslaw.co.uk or on 0345 070 7437.