Keeping Children Safe in Education 2024 and Gender Questioning Children guidance

The Department for Education has published the draft Keeping Children Safe in Education (KCSIE) 2024 statutory guidance, which will take effect from 1 September 2024 replacing the current 2023 version. Whilst some changes are technical, we have set out some of the more substantive key changes.

In Part 1 of KCSIE 2024, the definition of ‘safeguarding and promoting the welfare of children’ has been updated to align with the Working Together to Safeguard Children (Working Together) (December 2023) guidance. The definition now includes providing help and support to meet the needs of children as soon as problems emerge, and protecting children from maltreatment, whether that is within or outside the home, including online.

Similarly, early help indicators also more closely reflect the Working Together guidance, confirming that schools should be alert to any child who has experienced multiple suspensions, is at risk of being permanently excluded from schools and in alternative provision or a pupil referral unit; has a parent in custody, or is affected by parental offending; and/or is frequently missing/goes missing from education, home or care.

Part 4 of KCSIE 2024 now provides links to the most recent UK Council for Internet Safety guidance on ‘Sharing nudes and semi-nudes: advice for education settings working with children and young people’ (February 2024). In addition, the definition of ‘early help’ has been updated to align with the Working Together guidance as ‘support for children of all ages that improves a family’s resilience and outcomes or reduces the chance of a problem getting worse’.

Gender Questioning Children

In Part 2 of KCISE 2024, a substantial draft amendment has been made in the ‘Children who are lesbian, gay, bisexual or gender questioning’ section which replicates the position set out by the Department in the draft non-statutory ‘Gender Questioning Children’ guidance. Generally, schools should be aware that, in accordance with the Department’s draft Gender Questioning Children guidance, pupils are referred to as ‘gender questioning’, rather than ‘transgender’.

More specifically, in line with the draft Gender Questioning Children guidance and KCSIE 2024, schools should take a cautious approach to social transition as there remain many unknowns about the impact of social transition, and children may have wider vulnerabilities such as complex mental health and psychosocial needs.

Further, pursuant to KCSIE 2024, when families and carers are making decisions about support for gender questioning children, they should be encouraged to seek clinical help and advice. Schools should also consider the broad range of the child’s individual needs, in partnership with the child’s parents, when providing support. School needs to keep in mind that, as stated in KCSIE 2024, when deciding how to proceed where a child is gender questioning, they should reference to the draft Gender Questioning Children guidance.

Furthermore, the new draft Relationships Education and Relationship and Sex Education and Health Education guidance, which is currently going through consultation, specifies that schools should not teach about the broader concept of gender identity.

Whilst these changes are substantial, schools should be aware of the disclaimer in KCSIE 2024 the ‘Children who are lesbian, gay, bisexual or gender questioning’ section remains under review pending the outcome of the gender questioning children guidance consultation, and final gender questioning guidance documents being published.

Practical steps for schools

Whilst KCSIE 2024, the non-statutory Gender Questioning Children guidance, and the statutory Relationships Education, Relationships and Sex Education (RSE) and Health education are all currently in draft form, schools should take steps now to become familiar with the new guidance in preparation for potential implementation from September 2024.

In addition, schools should consider putting in place staff training ahead of September to ensure that staff are well equipped to implement these key changes and avoid breaching statutory requirements.

If you would like our support in preparing draft updated school policies or staff training in readiness for September 2024, please get in touch with Emma Swann at eswann@hcrlaw.com.