The biggest teaching union has told schools they can ignore controversial guidance for trans pupils as it has not been finalised yet.
The National Education Union (NEU) told teachers that new guidance telling schools to inform parents if a child says they want to change gender is still under consultation.
Conservative MPs, led by former Prime Minister Liz Truss, are calling on the government to strengthen the guidance by ensuring it is enforced by law.
However, the guidance has been slammed by some Labour MPs and LGBTQ+ campaign groups, who called it "hateful".
Liz Truss has been critical of the new guidance for trans and gender non conforming children
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General secretary of the National Education Union Daniel Kebede said: "We need to remember that what is under discussion is a piece of non-statutory guidance, which is still in draft and out for consultation for 12 weeks.
"It is also important to underline that schools do not need to change their current policies at this stage."
General secretary of NASUWT Dr Patrick Roach said: "We would caution against schools seeking to pre-empt the conclusion of the Government’s consultation...It is clear that Ministers have found it difficult to issue this guidance which has been beset by countless delays."
One NEU representative wrote on social media that informing parents could put pupils "in danger." He said: "I respect my students and will use their preferred pronouns always."
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General secretary of NASUWT Dr Patrick Roach issued a statement
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The guidance says teachers should ensure parents are involved in decisions when it comes to children changing their gender. However, there could be exceptions for abusive families.
Ministers did not impose an outright ban on social transitioning because they believed they it would clash with the current iteration of the Equality Act 2010.
A Government source told The Telegraph: "We expect schools and colleges to follow the Government’s responsibilities to children...This guidance, whilst non-statutory, reflects the law and current duties schools must follow."
Jarrow MP Kate Osborne has called on schools to "put their students’ needs ahead of" the Government’s "hate". The Labour MP suggested they ignore the "cruel", "non-statutory" guidance, which is not legally binding.
Jarrow MP Kate Osborne has criticised the legislation
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A Labour spokesperson said: "We will look carefully at these proposals, but Labour always puts our children first and our most important focus has been and will always be children’s wellbeing."
Chief executive of the Confederation of School Trusts Leora Cruddas said: "The contents of this consultation will need to be considered carefully. It is a sensitive area, and one where legal opinion is sometimes contested.
"Given this, we will be seeking appropriate legal advice in order to understand the legal position of schools and trusts."
A Government spokesperson said: "The guidance is lawful and will help schools navigate these complex and sensitive issues, by urging caution, parental involvement, and prioritising safeguarding at all times."
