Rishi Sunak is said to be considering ditching plans to use legislation to ban children from changing gender at schools.
The government is trying to finalise long-awaited guidance for schools on whether pupils show be allowed to “socially transition” – by using another pronoun or wearing the uniform of the opposite sex.
Misters had asked for legal advice on whether a ban on social transitioning in schools could be brought in – but the Tory attorney general Victoria Prentis is said to have warned that it could be unlawful under the Equality Act.
The PM is “backing away” from a proposal to bring in a new law to impose a social transitioning ban due to worries it will open up a new rift in the Tory party, according to The Times.
A government source told the newspaper that such a draconian move could be seen as a new Section 28 – the law brought in Margaret Thatcher to ban councils from promoting homosexuality. “It would leave us on the wrong side of history,” they said.
But No 10 insisted that “no decisions have been taken” on whether legal changes could be made to ban schoolchildren from changing their gender identity.
Asked about reports that the PM is expected to drop legislation plans, Mr Sunak’s official spokesman told reporters: “No decisions have been taken. So I’m not going to get into speculation around ongoing work around this guidance.
“I think we’ve always said that this guidance will provide clarity so that parents have control, that children are kept safe, and that teachers have the appropriate information they need.”
The No 10 official added: “We’ve been repeatedly clear about the importance to proceed with extreme caution on this issue and that school should always involve parents in decisions relating to their child. But as I say this work is ongoing.”
Gillian Keegan has suggested parent consent should allow social transitioning
While the guidance is expected to advise that schools prevent children entering toilets used by the opposite sex and taking part in opposite-sex sports – but a ban on social transitioning now appears less likely.
Education secretary Gillian Keegan has reportedly warned that it not be wise to try to stop children from socially transitioning as long as there is parental consent. “Schools aren’t there as doctors or parents. Parental consent is the most important thing,” she said earlier this year.
And Ms Prentis has warned that trying to impose a ban on socially would contravene the part of the Equality Act that states that gender reassignment is a “protected characteristic”, not bound by age.
But home secretary Suella Braverman and equalities secretary Kemi Badenoch are thought to have pushed for clear instructions in the guidance so teachers are not compelled to use a pupil’s chosen pronoun.
Right-wing Tory MPs also teachers and school leaders needed “clear instructions” about whether they can refuse to abide by a pupil’s desire for social transitioning.
John Hayes, chair of the Common Sense Group of Tory MPs, told The Telegraph: “We must not pander to a tiny minority of shrill trans activists who expect to get what they want because they shout the loudest.
She added: “It’s true that a very small number of people are coming to terms with trans identity, and these need care and support.”
