Back to school: what’s new in the guidance for September?

The two main pieces of guidance that will take effect for schools in September are:

Relationships and sex education (RSE) and health education

Keeping Children Safe in Education (KCSIE)

Some parts have improved, but we remain seriously concerned about the guidance on supporting LGBTQIA+ young people.

The recent EHRC code of practice, while not applicable to schools, will also have a knock on impact on young Trans+ people.

We can not offer legal advice, but this summary aims to help you make sense of the new changes impacting schools.

Relationships and sex education (RSE) and health education

What does the guidance say?

Pupils should be taught that people with the protected characteristic of gender reassignment “have protection from discrimination and should be treated with respect and dignity.”

However...

Schools should also be “mindful” that there is “significant debate” around gender reassignment, and should not “endorse any particular view.”

Schools should avoid materials that “oversimplify this topic,” are “aimed at younger children” or “encourage pupils to question their gender.”

What are our concerns?

This guidance only covers one part of the curriculum, but we are concerned about the impact this may have within and beyond RSHE.

The guidance is vague and contradictory, and pushes schools away from inclusive resources.

This could create a postcode lottery of how the guidance will be interpreted.

The language frames Trans+ identities as a debate, and implies inclusive teaching poses a risk to young people.

The guidance fails to recognise the experience of young Trans+ people, and entirely excludes intersex characteristics and asexual identities.

Keeping Children Safe in Education (KCSIE)

What does the guidance say?

Pupils must not use toilets or changing areas designated for the opposite “biological sex.”

Any mixed-sex toilets should be in “individual, lockable rooms and open directly onto public areas.”

Schools should not "initiate any action" on social transition, and should not make changes without a joint decision by school and parents, plus the consideration of other pupils' welfare.

Schools are encouraged to revisit decisions they've already made to support a pupil socially transitioning.

It states parents and carers must be informed except in “rare circumstances” that this would pose a greater risk.

For primary schools it says they expect support for full social transition “to be agreed very rarely.”

What are our concerns?

Trans+ young people could lose access to the facilities they've been using safely for years, and be pushed into inadequate “third spaces” instead.

Framing gender identity and social transition as a safeguarding risk treats Trans+ young people as a problem to manage.

The term “gender-questioning” undermines the many Trans+ young people who already know exactly who they are.

Confidentiality is at risk, and young people could be outed to unsupportive parents, teachers and peers before they're ready.

Equality and Human Rights Commission Code of Practice

What is the code?

This code of practice came into force on August 5 2026, and does not apply to schools, only service providers.

It is not a law in itself, but accompanies the Supreme Court judgement from the For Women Scotland case, meaning courts must take it into account.

The code sets out that single sex spaces and services should be based on “biological sex” regardless of an individual having a Gender Recognition Certificate.

This guidance is for service providers to consider their policies, there is no responsibility on the individual to change their behaviour.

We recommend seeking further legal advice on how this will impact single sex spaces, organisations and associations.

What are our concerns?

While this particular Code of Practice does not apply to schools, it will impact pupils as they navigate services outside of schools.

The impact of the For Women Scotland ruling, which triggered the new Code of Practice, has now also been seen in the KSCIE guidance.

The negative public discussion around the Supreme Court ruling and EHRC Code of Practice may also have harmful consequences for the wellbeing of young Trans+ people.

The EHRC has indicated that they will also be updating their Employment Code of Practice, which will have further implications.

What’s next?

We will continue to push back against the continued attacks on our community, and fighting the guidance that fails LGBTIQA+ young people.

Visit our resources page to find links to free, inclusive resources to help support every young person in education.

We encourage you to keep contacting your local politicians and decision makers to highlight these concerns around the erosion of Trans+ rights.