Following the incredible win by For Women Scotland on 16th April 2025, we urge schools to react urgently as set out below. You can download this as a template letter here.

We address the implications of the UK Supreme Court ruling (For Women Scotland v Scottish Ministers, April 16, 2025) and the Cass Review (2024) for [School Name]’s policies on sex and gender. These landmark developments clarify legal obligations under the Equality Act 2010 and underscore safeguarding duties under Keeping Children Safe in Education (KCSIE) and Working Together to Safeguard Children. Schools must align with biological reality, avoid unlawful trans-affirming practices, and protect children from harm, including the risk of irreversible decisions driven by ideological influences. See our safeguarding document for more information.

Below, we outline the ruling and specific actions to ensure compliance and safeguard pupils.  

Supreme Court Ruling: 

Key Points

The Supreme Court ruled that “sex” in the Equality Act 2010 means biological sex—male or female based on biology. A Gender Recognition Certificate (GRC) does not change legal sex for the Act’s purposes. This means:  

Single-sex facilities (e.g., toilets, changing rooms) are for biological males or females only. Including trans-identified pupils or teachers (e.g., biological males in girls’ toilets) violates the Act by discriminating on the basis of sex.  

Schools must uphold sex-based rights, particularly for biological females, in areas like sports and privacy.  

The “gender reassignment” protected characteristic protects trans-identified pupils from discrimination but does not grant access to opposite-sex facilities or rights.

The Cass Review (2024) further warns that social transition (e.g., using preferred pronouns) is not neutral and may entrench trans identities, increasing the likelihood of irreversible medical interventions with significant risks (e.g., infertility, regret). Schools must prioritise evidence-based, reality-focused support to protect children’s long-term well-being.  

Failure to comply risks legal liability, breaches of safeguarding duties, and harm to pupils, including future detransitioners who may hold schools accountable for affirming identities that led to irreversible decisions.  

Actions for schools

To align with the law, safeguard pupils, and avoid promoting unlawful ideologies, we urge the following:  

Toilets and Changing Facilities  

Maintain strict single-sex toilets and changing rooms for biological males and females, as required by the Equality Act and the Education (School Premises) Regulations 2012 (separate facilities for pupils over 8).  

Exclude trans-identified pupils and adults from opposite-sex facilities (e.g., biological males from girls’ toilets), as inclusion violates sex-based rights.  

Provide unisex, single-stall options for pupils uncomfortable with sex-based facilities, ensuring no compromise to single-sex provisions.

Social Transition  

Cease all social transition practices (e.g., using preferred pronouns, names, or opposite-sex uniforms) for pupils and staff. The Cass Review (Chapter 12) states social transition is an “active intervention” that can concretise trans identities, reducing desistance (70-80% of pre-pubertal children resolve gender dysphoria naturally) and increasing medicalisation risks.  

Adopt a non-directive approach, per KCSIE and Working Together to Safeguard Children, referring pupils with gender distress to mental health professionals for exploratory support, not affirmation.  

Prohibit staff from socially transitioning in ways that impact pupils (e.g., demanding pronouns), as this models affirmation and undermines safeguarding by normalising ideological interventions.

Curriculum Content  

Ensure Personal, Social, Health, and Economic (PSHE) education complies with the Education Act 2002 (s.403), which requires accurate, evidence-based teaching free from political bias. Teaching that pupils can “choose their sex” or that gender identity overrides biology is factually incorrect and potentially unlawful, per the Supreme Court ruling.  

Review all PSHE materials for accuracy, removing content from providers like Jigsaw that promote trans-affirming ideologies (e.g., gender as a spectrum). Such teachings misalign with the Equality Act and risk indoctrinating pupils.  

Commit to transparency by publishing PSHE curricula and materials online, allowing parents to scrutinise content and ensure compliance with legal and scientific reality. Respect parents as the primary educators of their children. 

External Organizations and Awards  

End partnerships with third-party providers like Stonewall, Mermaids, or Jigsaw, which have promoted unlawful trans agendas (e.g., “Stonewall Law” prioritising gender identity over sex). These groups have encouraged schools to adopt policies conflicting with the Equality Act, risking legal and safeguarding breaches.  

Withdraw from schemes like Stonewall’s Rainbow Awards or similar trans-affirming initiatives, which incentivise ideological compliance over legal duties.  

Audit all external engagements to ensure they align with the Equality Act and Cass Review, prioritising safeguarding over advocacy.

Safeguarding and Accountability  

Under KCSIE and Working Together to Safeguard Children, all staff are responsible for protecting pupils from harm, including ideological influences that may lead to irreversible decisions. Social transition and trans-affirming policies risk entrenching identities that 70% of children naturally outgrow, per Steensma et al. (2013).  

Recognise the long-term harm of affirming trans identities, including medical interventions with risks like infertility and regret (Cass Review, Littman, 2021). Future detransitioners may pursue legal action against schools for facilitating harmful ideologies.  

Train staff on the Supreme Court ruling, Cass Review, and Equality Act to ensure policies reflect biological reality and safeguard pupils from social pressures or online influences driving trans identification (Cass Review, Chapter 8).

Consequences of Non-Compliance

Schools face serious legal, reputational, and moral consequences for continuing trans-affirming practices:  

Legal Risks: Breaching the Equality Act (e.g., allowing biological males in girls’ toilets) constitutes sex discrimination, exposing schools to lawsuits and regulatory action.  

Safeguarding Breaches: Affirming trans identities, especially via social transition, contravenes KCSIE by risking psychological and physical harm, as warned by the Cass Review.  

Harm to Pupils: Encouraging pupils to believe they can choose their sex sets them on a path toward medical interventions with lifelong consequences. The rising number of detransitioners underscores the need for schools to act now to prevent future harm.

Call to Action

We suggest that schools:

Immediately align policies with the Supreme Court ruling and Equality Act, ensuring single-sex facilities and no social transition.  

Publish PSHE curricula and remove trans-affirming content or providers.  

End ties with Stonewall, Jigsaw, and similar groups, and withdraw from Rainbow Awards.  

The law and evidence are clear: schools must prioritise biological reality, protect sex-based rights, and safeguard children from ideological harm. We urge all schools to act swiftly to ensure they meet their duties and avoid the severe consequences of non-compliance.