Trans guidance for teachers was wrong, says watchdog

The equalities regulator has said the Government must urgently publish its delayed trans guidance for schools to provide teachers with “much needed clarity”.

Marcial Boo, the Equality and Human Rights Commission’s chief executive, revealed that the watchdog had been privately urging the Department for Education (DfE) to “expedite” their new guidance, amid wrangling in Government over how to respond to children seeking to change their gender identity in schools.

Writing to campaigners, Mr Boo also admitted that the EHRC’s own official guidance, in place for almost a decade, had been wrong to tell teachers that they would automatically be guilty of anti-trans discrimination if they referred to a “previously female pupil” as a girl. He said the regulator was urgently correcting “inaccuracies” in its “technical guidance” on the application of the Equality Act in schools.

The guidance is the only official advice for teachers on how to avoid falling foul of the Labour-era equalities legislation and campaigners say it is likely to have influenced the drafting of delayed Government guidance specifically on trans issues in schools.

In a letter sent on Wednesday Mr Boo said: “Schools … are calling for clear information on these matters. We have been urging DfE to expedite their new guidance and expect them to consult on it shortly.”