Teachers who ‘misgender’ trans pupils are not guilty of discrimination, says equality watchdog as they urge the government to give clarity on schools guidance
- EHRC urged Government to publish its own guidelines to give clarity to teachers
Teachers who ‘misgender’ trans pupils are not guilty of discrimination, guidance from the equality watchdog suggests.
The Equality and Human Rights Commission (EHRC) also urged the Government to publish its own long-awaited guidelines to give clarity to teachers and families.
Rishi Sunak vowed in March that official guidance on transgender students would be released before the summer break. But Education Secretary Gillian Keegan said in July that it would be delayed.
Yesterday, the EHRC clarified its own legal advice, deleting an example in an earlier version from 2014 to reflect that misgendering a pupil does not constitute discrimination.
The original guidance posed the question: ‘A previously female pupil has started to live as a boy and has adopted a male name. Does the school have to use this name and refer to the pupil as a boy?’
The Equality and Human Rights Commission (EHRC) also urged the Government to publish its own long-awaited guidelines to give clarity to teachers and families
Rishi Sunak vowed in March that official guidance on transgender students would be released before the summer break
The answer provided said that to not do so would be ‘direct gender reassignment discrimination’. Misgendering a pupil would not amount to discrimination because they do not have the legal right to transition gender, it is understood.
Campaigners yesterday hailed the watchdog’s change in position.
Helen Joyce, from campaign group Sex Matters, said: ‘It’s very helpful that… the EHRC has finally removed this legally faulty example from its technical guidance.
‘The improvements will make it easier for the Department for Education to bring out strong guidance.’
Baroness Falkner, chairman of the EHRC, said the DfE should publish the guidelines as soon as possible, adding: ‘It is crucial we avoid any confusion on this important topic.’
This week the NHS published its own trans guidance for schools due to the delayed government document. It says schools should not let children who question their gender ‘socially transition’ without parental consent.
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