Divide over approach to gender guidance in schools

A Jersey politician is calling for the current transgender inclusion guidance in schools to be replaced.

Deputy Sir Philip Bailhache has lodged a proposition asking the States Assembly to instead adopt a document called 'Treating Children as Children', which explores taking what he calls 'a safeguarding approach' to gender identity.

The island's parliament is set to idea, which would replace the 2025 Trans Inclusion Guidance, in late February.

The proposition calls on the Education Minister to remove the guidance brought in last spring.

Some concerned parents and campaign groups, including the Women’s Rights Network Jersey, have highlighted their worries about the current framework, with a petition to withdraw it reaching 1,100 signatures.

Under this proposed replacement guidance, schools would be advised not to 'socially' transition pupils, which includes not using preferred pronouns, maintaining single-sex areas and sports categories.

Staff and pupils are encouraged to respect people's requested names and pronouns under the inclusion guidance, and promote messaging which reduces bullying and discrimination.

However, the proposition highlights that parental involvement in a child's choice should be the default, and not confidential upon request.

“Schools … should adopt a 'watch and wait' policy”.

But in the next sentence there is a reference to supporting 'trans' children. Who decides that a child is 'trans'? The teacher? The child? Teachers are not qualified to make those decisions, but nor is the child. 

- Sir Philip Bailhache, 'Treating Children as Children' proposition

In terms of single-sex spaces, the backbencher's proposition would like to see toilets and changing rooms strictly sex-based.

It suggests that an alternative space could be used- something that is already included in the 2025 Trans Inclusion Guidance.

Currently, guidance to schools says children can choose to use toilets and changing rooms based on their identity, and this is assessed on a case-by-case basis, for dignity and inclusion.

"All pupils should be supported to use the facilities that align with their gender identity.

"Access to toilets and changing facilities should be considered on a case-by-case basis, taking into account the views of the pupil, their parents or carers where appropriate, and the school's safeguarding responsibilities."

"Where a pupil does not feel comfortable using gender-segregated facilities, schools should consider providing access to alternative facilities, such as gender-neutral or private spaces."

- 2025 Trans Inclusion Guidance

Liberate CEO Kaye Nicholson says that too often decisions are being made about minority and marginalised groups by others:

"We would therefore encourage States Members to engage with individuals who have lived experience and their advocates, in order to have a full understanding of how this proposition could actually shift the overall objective of the guidance from inclusion to exclusion."