The UK government opened a call in February 2026 for public consultation on proposed changes to the draft statutory guidance Keeping Children Safe in Education with a view to making changes for September 2026.
OII Europe worked in collaboration with IGLYO to prepare a response to the consultation and submitted a response on the 22nd of April, 2026. In its response, OII Europe raised serious concerns about the proposed guidance, particularly regarding provisions affecting so-called “gender questioning” children in schools and colleges. The submission highlights how the draft risks reinforcing stigma, discrimination, and harmful practices towards trans, non-binary, intersex, and gender non-conforming students by framing their identities primarily through a safeguarding lens rather than a rights-based approach grounded in equality and inclusion.
OII Europe further criticises the proposed guidance on toilets, changing rooms, boarding accommodation, and single-sex sports for creating legal uncertainty, potentially undermining protections under the Equality Act 2010 and data protection law, and increasing the risk of exclusion, involuntary outing, and harm to students’ wellbeing. OII Europe calls for school policies that prioritise safety, dignity, privacy, and equal access to education for all children.
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To read the full submission please download the PDF linked below
