Keeping Children Safe in Education 2026 Consultation

On 12th February 2026, the Department for Education published a new draft of the statutory safeguarding guidance for schools and colleges: Keeping Children Safe in Education. 

Amongst other changes, the new draft guidance includes an amended section titled ‘Children who are lesbian, gay, or bisexual’; and a new section titled ‘Children who are questioning their gender’. 

Since the draft guidance was published, these sections specifically have been reported on widely. We have read and listened to much of the coverage from diverse sources, and are concerned to see some exaggeration or misrepresentation of the current situation. To be clear, this is not currently statutory guidance – it is a draft of proposed guidance, which has been opened for a 10 week consultation period ending on 22nd April 2026. Currently, schools and colleges should not make changes which are informed by this draft guidance. They should continue to follow the 2025 version of KCSIE. 

Our intention in this piece is to set out the context in which this draft guidance has been released, the details of the guidance, and provide information about the ongoing consultation as accurately and clearly as we can in order to encourage those involved in education to express their views through the consultation. In order to do so, we have tried to avoid presenting our own opinions in much of the following piece. However, we think it is important to be transparent before we begin. We have worked with transgender, non-binary, and gender questioning students, and we are fully committed to their inclusion and belonging in educational spaces. We believe that any statutory guidance for schools and colleges should provide workable and inclusive guidance that protects all students from discrimination, and ensures safety, dignity and respect for all young people in education – including trans students. With that clear, let’s begin. 

The Context 

Chances are, if you are reading this piece, you are very familiar with the statutory safeguarding guidance Keeping Children Safe in Education (often referred to as KCSIE). It was first published in 2014, and is reviewed and updated by the Department for Education annually, with updated versions typically becoming statutory each September. Most years these updates come without consultation, but a consultation or call for evidence may be made when substantive changes are proposed. 

In the KCSIE update for September 2022, under the section ‘Children potentially at greater risk of harm’ a new category was added, titled ‘Children who are lesbian, gay, bi, or trans (LGBT)’. This new guidance was brief, but acknowledged that being LGBT, or being perceived to be LGBT, could be a risk factor for bullying. The following year, in the 2023 September update, this section was slightly expanded. It stated: 

‘203. The fact that a child or a young person may be LGBT is not in itself an inherent risk factor for harm. However, children who are LGBT can be targeted by other children. In some cases, a child who is perceived by other children to be LGBT (whether they are or not) can be just as vulnerable as children who identify as LGBT.

204. Risks can be compounded where children who are LGBT lack a trusted adult with whom they can be open. It is therefore vital that staff endeavour to reduce the additional barriers faced and provide a safe space for them to speak out or share their concerns with members of staff.

205. LGBT inclusion is part of the statutory Relationships Education, Relationships and Sex Education and Health Education curriculum and there is a range of support available to help schools counter homophobic, bi-phobic and transphobic bullying and abuse.’

Later that year, in December 2023, the Department for Education published draft guidance relating to trans and non-binary students in schools, which they called ‘Gender Questioning Children’. This was draft, non-statutory guidance, which opened for a 12 week consultation period ending on Tuesday 12th March 2024. You can read more about this draft guidance and consultation here. 

Shortly after that consultation closed, the Cass Review was published in April 2024. The Cass Review was intended to be an independent review of gender identity services for children and young people. It has been widely criticised since its release. Although not an education focused document, the review made some recommendations relevant to schools and colleges. 

In the same year, the UK saw a change of government with a new Labour government elected in July 2024. The Labour government committed to looking at the results of the consultation into the ‘Gender Questioning Children’ guidance and to publishing finalised guidance for schools. They also committed to enacting the recommendations of the Cass Review. 

On 12th February 2026, The Department for Education published a new draft of the statutory safeguarding guidance for schools and colleges, KCSIE. Amongst other changes, this new draft guidance includes an amended section titled ‘Children who are lesbian, gay, or bisexual’, and a new section titled ‘Children who are questioning their gender’. 

In materials published online, the DfE explains their choice to position gender guidance as part of KCSIE, rather than in separate non-statutory guidance as first proposed in 2023. They state that they “propose instead to include this content in KCSIE so that children’s wellbeing and safeguarding are considered in the round, and so that schools and colleges can easily access this information in one place”. 

The DfE also provides some limited details about the results of the consultation. They explain that the consultation into the draft ‘Gender Questioning Children’ guidance received 15,315 respondents and “demonstrated that this is a highly contested policy area with no clear consensus on the appropriate approach, but more respondents expressed negative than positive views about the usability of the draft guidance published for consultation”. 

This draft guidance is now open for a 10 week consultation period, ending on 22nd April 2026. The following sections will set out the details of this proposed guidance, and information about the ongoing consultation. 

The Guidance & Consultation 

Although other important changes have been made, we focus specifically here on the parts of the guidance titled ‘Children who are lesbian, gay, or bisexual’ and ‘Children who are questioning their gender’. 

Part Two of KCSIE sets out the statutory guidance around the management of safeguarding, and it includes a section on ‘Children potentially at greater risk of harm’. It is within this section that LGBT identities are discussed under the following two headings. 

‘Children who are lesbian, gay, or bisexual’

This amended section used to include the word ‘trans’ (2022 & 2023), and later ‘gender questioning’ (2024, 2025). That has now been removed, and this section focuses specifically on sexual and/or romantic orientations lesbian, gay, or bisexual. The draft guidance states: 

“244. A child or young person being lesbian, gay, or bisexual is not in itself a risk factor for harm; however, they can sometimes be vulnerable to discriminatory bullying. In some cases, a child who is perceived by other children to be lesbian, gay, or bisexual (whether they are or not) can be just as vulnerable as children who are. Schools and colleges should consider how to address vulnerabilities such as the risk of bullying and take steps to prevent it, including putting appropriate sanctions in place.”

‘Children who are questioning their gender’

This new section is the result of the 2024 consultation into the then draft non-statutory ‘Gender Questioning Children’ guidance. It includes some general information, followed by specific advice on: 

• Preventing and responding to bullying  
• Decision making when a request is made for social transition 
• Parental Involvement 
• Physical Spaces (toilets, changing, accommodation)
• Record Keeping 
• ‘Children living in stealth’ 
• ‘Children who wish to detransition’ 

This section of the draft guidance is long so we have not quoted it here in full, but it includes significant changes in how schools should work to support trans, non-binary, or gender questioning young people. We would encourage you to read it in full in the draft guidance released by the DfE, or in this longer article published by Pride & Progress. 

The draft guidance is currently open for a 10-week consultation period, which ends on 22nd April 2026. The consultation invites responses from a variety of educational spaces, and those working in them. 

The consultation is divided into 9 sections: 

• Section 1 – proposed changes to the ‘about this guidance’ section and general updates to KCSIE 
• Section 2 – proposed changes to Part one: Safeguarding information for all staff •
• Section 3 – proposed changes to Part two: The management of safeguarding 
• Section 4 – proposed changes to Part three: Safer recruitment
• Section 5 – proposed changes to Part four: Safeguarding concerns or allegations made about staff including supply teachers, volunteers and contractors
• Section 6 – proposed changes to Part five: Child-on-child sexual violence and sexual harassment
• Section 7 – proposed changes to Annex B – further information
• Section 8 – proposed changes to Annex C – the role of the designated safeguarding lead
• Section 9 – expanding our evidence base

You can view all of the questions asked in each section of the consultation in the DfE consultation document. Section 3 of the consultation is where questions are asked about the proposed changes to Part Two of KCSIE. There are no questions asked about the guidance relating to ‘Children who are lesbian, gay, and bisexual’. Of the guidance relating to ‘Children who are questioning their gender’, three questions are asked. They are: 

• Question 33: Does the updated section of the guidance on children who are questioning their gender provide clarity about the considerations schools and colleges will need to take into account? 

Yes, No, Not Applicable, No Opinion, Please Explain Further (Optional)

• Question 34: Do paragraphs 104-115 provide clarity for schools and colleges about their legal obligations relating to toilets, changing rooms, and boarding and residential accommodation? 

Yes, No, Not Applicable, No Opinion, Please Explain Further (Optional)

• Question 35: Do paragraphs 94-97 provide clarity for schools and colleges about the circumstances in which the school is justified in having a policy of single-sex sports?

Yes, No, Not Applicable, No Opinion, Please Explain Further (Optional)

These questions focus on the clarity of the advice set out in the new draft guidance, but they offer a vital opportunity for those working in education to consult on the workability of this guidance. As stated earlier, we have worked with transgender, non-binary, and gender questioning students, and we are fully committed to their inclusion and belonging in educational spaces. As, in our experience, are the vast majority of those working in the education sector. We believe that any statutory guidance for schools and colleges should provide workable and inclusive guidance that protects all students from discrimination, and ensures dignity and respect for all young people in education – including trans, non-binary, and gender questioning young people. 

Actions you may wish to consider taking

We hope that reading this piece has helped you to feel more informed. Below are some actions you may wish to undertake as a result of what you have read:  

1. Please challenge any mis-characterisations of this draft guidance. This is not currently statutory guidance – it is a draft of proposed guidance, which has been opened for a 10 week consultation period ending on 22nd April 2026. 
2. Please contribute to the consultation process, and consider specifically the workability of the guidance set out, and whether it is inclusive guidance that protects all students from discrimination, and ensures dignity and respect for all children in education. You may wish to delay your contribution to the consultation until other organisations have released guidance and support on doing so. 
3. Consider encouraging colleagues and connections to read about the draft guidance, and contribute to the consultation themselves. The previous consultation had over 15,000 responses – the more people who contribute, the more informed the finalised guidance can be. 
4. Finally, you may wish to begin considering what policies and practices you may need to review when the finalised guidance is released in September. What has been discussed here is the draft guidance, and no changes should be implemented yet, but it may be a good idea to begin to consider your policies and practices relating to LGBT+ students ahead of the final guidance being released later this year. 

This piece was written by members of the Belonging Effect team and is intended for informational purposes only. This blog was published on 17/2/26, and all information was to the best of our understanding at the time of publishing.