Teachers are “concerned” about the implications for their pupils following the Supreme Court’s ruling on the legal definition of the term woman, a union leader has said.
Education unions are calling on the Government to provide clear guidance to schools and colleges on how to interpret the law in regard to children questioning their gender.
It was ruled on Wednesday that the terms woman and sex in the 2010 Equality Act “refer to a biological woman and biological sex”.
This means that transgender women with a gender recognition certificate (GRC) can be excluded from single-sex spaces if “proportionate”.
Patrick Roach, general secretary of the NASUWT teaching union, said: “Following the Supreme Court judgment, the NASUWT has been contacted by teachers concerned about the implications for them and for the pupils they teach.
“The implications of the legal judgment will need to be considered carefully, and it is vital that the Government provides clarity and guidance to schools and colleges as quickly as possible.”
He added: “Trans rights are human rights and we urge the Government to consider what further measures are needed to protect those rights in law and in practice.”
Draft guidance for schools and colleges on how best to support pupils questioning their gender was published by the Government in December 2023 when the Conservatives were in power.
It said that “parents should not be excluded” from decisions taken by a school or college relating to requests for a child to “socially transition”, such as wishes to change names, pronouns and clothing.
The draft guidance said schools and colleges should make parents aware if their child requests a change – except in the “very rare situation” where parental involvement may raise a “significant risk of harm” to the child.
It added that schools “must always protect single-sex spaces” with regard to toilets, showers and changing rooms.
Julie McCulloch, senior director of strategy and policy at the Association of School and College Leaders (ASCL), said: “School and college leaders require clear, practical guidance from the Government on how to interpret the law in regard to children and young people questioning their gender.
“Draft guidance was produced by the last Government but is yet to be taken forward in any form by the current government.”
She added: “The Supreme Court ruling appears likely to apply to schools and colleges, and therefore will inform any guidance produced by the Government.
“We are seeking clarification from the DfE (Department for Education) over whether they intend to publish new guidance for schools and colleges, and whether this will be done at the same time as the EHRC (Equality and Human Rights Commission) guidance.”
A Government spokesperson said: “This ruling brings clarity and confidence, for women and service providers such as hospitals, refuges and sports clubs.
“It’s vital that we ensure young people, no matter their background, can access the opportunities to thrive.
“That’s why schools are required to comply with their safeguarding duties and make arrangements which protect the privacy, dignity and safety of all pupils.”
