The UK Government’s Draft 2026 Keeping Children Safe in Education (KCSIE) Guidance Raises Legal and Safeguarding Concerns for Trans and Non-Binary Young People
The UK Government’s draft 2026 update to Keeping Children Safe in Education (KCSIE) introduces significant changes to how schools and colleges are expected to respond to children and young people exploring or expressing diverse gender identities.
While presented as safeguarding guidance under the Children Act 1989, the draft raises serious legal and policy concerns. In particular, it risks undermining compliance with the Equality Act 2010, the Data Protection Act 2018 and UK GDPR, as well as the Public Sector Equality Duty. It also raises broader concerns relating to privacy, dignity, non-discrimination, and equal access to safe and inclusive education.
In its current form, the guidance risks leading to inconsistent and potentially unlawful practices in schools, including facilitating discrimination against trans and non-binary students and the unlawful disclosure of sensitive personal data. The draft further risks undermining key safeguarding objectives by discouraging young people from seeking support from school staff.
The UK Government public consultation on the draft guidance closed on 22 April 2026, with implementation planned for the start of the 2026-2027 school year.
At a minimum, the guidance must:
- Clearly align with the Equality Act 2010 and prevent discriminatories practices in schools and colleges
- Safeguard students’ confidentiality and comply with data protection law
- Avoid framing gender identity as a safeguarding risk in itself
- Provide rights-based guidance that supports safe and inclusive schools for all learners.
We are continuing to engage with stakeholders about the draft guidance. If you would like to receive further information or discuss this issue, please get in touch.
Organisations & Contacts
About IGLYO
IGLYO - The International Lesbian, Gay, Bisexual, Transgender, Queer and Intersex (LGBTQI) Youth & Student Organisation is the world’s largest network of LGBTQI youth and student-led organisations, representing over 135 Members across 40 countries in the Council of Europe region. IGLYO works to ensure that the voices and lived experiences of LGBTQI young people are meaningfully represented in European and international policy spaces, including with institutions such as the European Union and the Council of Europe. iglyo.org
Contact: Amélie Waters (they/them), Policy & Research Officer, amelie@iglyo.org
About TGEU
TGEU — Trans Europe and Central Asia is a non-governmental umbrella organisation with more than 200 member organisations in 50 countries working for the advancement of the rights and wellbeing of trans people in Europe and Central Asia. TGEU advocates for the rights of trans people at the Council of Europe (where it has participatory status and observer status before the CDADI) and the European Union. tgeu.org.
Contact: TGEU Policy Team, policy@tgeu.org