EPBN

Joint statement: UK Government’s Final KCSIE Guidance Fails to Protect Trans, Non-Binary and Intersex Children and Young People

Safeguarding should never be used to make children less safe. Last week, the UK Government published the final Keeping Children Safe in Education (KCSIE) 2026 guidance for schools and colleges in England.

IGLYO, TGEU, ILGA-Europe, OII Europe, the European Pride Business Network, The Kite Trust, Trans+ Solidarity Alliance, TransActual, and Saba Ali – Equalities Advocate express serious concern following the UK Government’s publication of the final 2026 Keeping Children Safe in Education guidance, which will come into force in England on 1 September 2026.

Despite repeated concerns raised during the consultation process by us and many other civil society organisations, the final guidance retains many of the same legal, safeguarding, and human rights issues, particularly for trans, non-binary and intersex children and young people.

By framing gender identity primarily as a safeguarding issue, introducing blanket restrictions on school life, and weakening protections around confidentiality, this guidance risks increasing exclusion, undermining trust, and leaving some trans, non-binary and intersex children and young people less likely to seek support.

We remain committed to constructive dialogue with the UK Government, but we are calling on the Government to:

  • Remove blanket restrictions and replace them with rights-based, case-by-case approaches.
  • Make clear that being trans, non-binary or intersex is not, in itself, a safeguarding concern.
  • Review and revise the KCSIE 2026 provisions before they come into force.
  • Ensure the guidance complies with equality, data protection, and human rights obligations.
  • Work with civil society to rebuild trust and ensure every child is protected.

Read our full joint statement.

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