Precious In My Sight

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PRECIOUS IN MY SIGHT

ACCOMPANYING STUDENTS WHO QUESTION THEIR GENDER

A COMPASSIONATE AND PRACTICAL GUIDE FOR USE IN THE SECONDARY SCHOOLS OF THE DIOCESE OF NOTTINGHAM

MAY 2024

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PRECIOUS IN MY SIGHT

“You are precious in my sight, and honoured, and I love you.”

Isaiah

43:4

MAY 2024

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Precious in my sigh t Page iv TABLE OF CONTENT S Table of Contents iv An Introduction from Bishop Patrick vi Part I – What does the Church Teach? A Catholic understanding of the human person 1 Gender Identity Theory and the Response of the Church 1 An introduction to a Catholic understanding of the human person 1 The goodness of the created order 2 Imago Dei 2 The importance of the Body – Soul Unity 3 Sexual differentiation 3 Going Deeper: Diocese of Nottingham ‘Being Human’ Resource 4 Part II – Principles of an Authentic Pastoral Accompaniment 5 Towards a genuine pastoral accompaniment 5 The aim of pastoral accompaniment 5 Some principles for the practice of pastoral accompaniment 6 The style of pastoral accompaniment 8 Part III – What does this mean for Catholic Schools in the Diocese of Nottingham? 9 Introduction 9 Expectations for Catholic schools in the Diocese of Nottingham flowing from first principles and the distinctive nature of a Catholic School 9 Principle 9 Action 9 Overview 10 Requirements for an authentic pastoral accompaniment in schools of the Diocese of Nottingham 10 Principle 10 Overview 10 Specific considerations in light of Church teaching 11 Pride 11 Principle 11 Action 11 Overview 11 Church Teaching 12 Legal Obligations 13 LGBT+ Groups 13 Principle 13 Action 13 Legal Obligations 13 Further Support and Resources 14
Precious in my sight Page v Legal and Regulatory Requirements 14 Principle 14 Equality Act 2010 14 Human Rights Act 1998 15 Education Act 2002 16 Gender Questioning Children: Non-statutory guidance for schools in England (Department for Education Draft – December 2023) 16 Overview 16 Registration of Name and Sex 19 Changing Names 19 Pronouns 19 Single-Sex Spaces 20 Toilets 20 Changing Rooms and Showers 20 Boarding and Residential Accommodation 20 Uniform 21 Physical Education and Sport 21 A guide to the Department for Education’s requirements for Relationships, Sex and Health Education 22 Principle 22 Overview 22 What does the statutory documentation say about LGBT? 22 What does the statutory documentation say about religious belief? 23 Ongoing Government Review of Relationships, Sex and Health Education 23 Ofsted Requirements 24 Principle 24 Overview 24 Part IV – Appendices 25 Appendix 1: Resources to support Catholic understanding of the human person 25 Appendix 2: Links to secular resources 25 Appendix 3: Ofsted School Inspection Handbook (September 2023) 26 Evaluating behaviour and attitudes 26 Evaluating personal development 26 Separation by sex 28 Inspecting the teaching of the protected characteristics 28 Appendix 4: Inspecting teaching of the protected characteristics 29 Personal development 29 Inspections where there is no personal development judgement 30 Leadership and management 30 Faith teachings on protected characteristics 30 Appendix 5: Glossary 30 References 32

AN INTRODUCTION FROM BISHOP PATRICK

In our time conflicting, divergent, and often contradictory views of the human person are widespread in our society, culture, and institutions. A new language has evolved to describe these ideas, with words and phrases appearing in public discourse such as: ‘trans’, ‘transgender’, ‘gender identity theory’, ‘being born in the wrong body’, ‘gender fluidity’ or ‘gender being different from sex assigned at birth’.

Accompanying students who question their gender is a complex but essential pastoral duty to which the schools of our diocese are very attentive. However, I am aware that headteachers, and those staff involved in this important pastoral care, at times feel unsupported and without sufficient guidance as to the teaching and response of the Catholic Church. In 2018, and again earlier this year, the Bishops of England and Wales have issued statements on this matter.1 This diocesan document draws very largely upon ‘Intricately Woven by the Lord’, the most recent teaching pastoral reflection on gender by the Bishops of England and Wales. It also attempts to offer further pastoral support for our schools.

It sets out to present an overview of the Catholic understanding of the human person and also some guidelines for good pastoral accompaniment of students who are questioning their gender. It then outlines a programme of formation in pastoral accompaniment for key staff in our schools which is being organised by the Diocesan Education Service, as well as highlighting further helpful resources.

Every person, without exception, is precious in God’s sight and therefore ours. That’s why I have chosen ‘Precious in my sight’ as the title of this document. The phrase is taken from Isaiah 43:4, “You are precious in my sight, and honoured, and I love you.” The aim of this document is to help support the students in our schools, and to remind them that they are loved deeply by the Lord. In fidelity to the example and teaching of Christ, we are called always to walk respectfully, sensitively, and compassionately alongside people in all the complexities of life, including people’s questioning of their gender.2

The Diocese is keenly aware that the wider cultural and legal landscape on these issues is rapidly changing. For that reason this document will be kept under regular review and updated as needed. It has been produced with the benefit of legal advice, and it accurately reflects the available law and guidance as at April 2024.

I pray that this working document will be received in the manner with which it was prepared, namely to provide clarity of teaching and some practical support, guidance, and formation for those engaged in the accompaniment of students in our schools who are questioning their gender. Thank you for your care, discernment, and compassion.

With gratitude, + Patrick

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Part I

WHAT DOES THE CHURCH TEACH ? A Catholic understanding of the human person

GENDER IDENTITY THEORY AND THE RESPONSE OF THE CHURCH

1. The basic premise of gender identity theory (sometimes called gender theory) is that everyone has an ‘inner’ gender identity and that, for some people, this inner gender identity fails to match the biological sex (male or female) that, it is argued, is ‘assigned’ to them at birth by cultural convention (rather than observed or recorded). It is claimed it is this ‘gender identity’ that makes a person a man or a woman (or neither) and not their biological sex.3 This theory is at odds with a holistic understanding of the human person. It adopts a dualistic understanding, totally separating the material from the spiritual. ‘Gender affirmation’ can include the use of new names, pronouns, change of dress and other forms of social transition to align with a person’s perceived gender identity, or it could be more radical or invasive and encompass medical or surgical interventions. Such a view of the human person is highly pervasive across sections of society. It raises significant and pressing pastoral challenges for the Church, as well as challenges in the fields of law, medicine, education, business, and religious freedom.

2. These diocesan guidelines wish to distinguish between pastoral care for those questioning their gender, and gender identity theory in its various forms. From a Catholic perspective, careful discernment and delicate, compassionate pastoral accompaniment in the area of gender, must always go hand in hand with a holistic view of the human person. On

this issue, there is a synergy between the Church and many other voices in society who, through science, reason, philosophy and other approaches, highly value biological sex and affirm the importance of the human body as created. The Church recognises echoes of its position in many people across different spheres of society.

3. This document is a distinctly Catholic contribution to this contemporary issue. It is offered to guide and help the staff in the Catholic schools of our diocese. So, it will first outline the Catholic vision of the human person, which reason and faith both confirm. Then it will consider the pastoral accompaniment of those questioning their gender. In all of this there will be a recognition that only “charity in truth (can be) … the principal driving force behind the authentic development of every person and of all humanity ”4

AN INTRODUCTION TO A CATHOLIC UNDERSTANDING OF THE HUMAN PERSON

4. Our understanding of the human person finds its foundations in the Book of Genesis, where we read:

“So, God created humankind in His image, in the image of God He created them; male and female He created them.” (Genesis 1:27)

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“God saw everything that he had made, and indeed, it was very good ” (Genesis 1:31)

5. Within these few words, four dimensions of Catholic understanding of the human person can be discerned:

1. the goodness of the created order;

2. the human person created in the image and likeness of God (‘Imago Dei’);

3. the importance of the body-soul unity;

4. the importance of sexual differentiation.

This is the key starting point for our engagement with the issue of ‘gender identity theory’.

THE GOODNESS OF THE CREATED ORDER

“God saw everything that he had made, and indeed, it was very good.” (Genesis 1:31)

6. “A fundamental tenet of the Christian faith is that there is an order in the natural world that was designed by its Creator, and that this created order is good.”5 This natural world has an “inbuilt order,” a “grammar ”6 The crown of the creation story is the human person and, in the Christian vision, the human person is an essential part of the goodness of creation.7 “We are the created and not the Creator.”8 As such, “creation is prior to us and must be received as a gift.”9 Within this created order, “the human person has a nature that must be respected, man or woman, and which cannot be manipulated at will.”10 The Church has consistently affirmed that, unless the essential order of human nature is respected, there can be no true promotion of human dignity.11 Therefore, “we are called to protect our humanity and this means, in the first place, accepting it and respecting it as it was created, as man or woman.”12

IMAGO DEI

“In the image of God He created them.” (Genesis 1:27)

7. Scripture and Tradition witness to and make clear that, at the heart of Christian revelation, is “the truth that human beings are created in the image of God.”13 Being made in the image of God is the element that characterises and distinguishes a human person, as such the human individual possesses the dignity of a person, who is not just a something, but someone.14 God’s image shines forth in every human person.15 As Christians, we are therefore “committed to respecting the dignity of every individual. No human person is to be diminished or devalued, and all have an indispensable part to play in the human community, regardless of difference.”16 Recognition of this inherent and inviolable dignity in all human persons also obliges us to avoid “every sign of unjust discrimination.”17

8. The realisation of this vision of the human person is marred and impeded by the reality of the Fall and original sin. This leaves our human nature wounded. Rather than living in the harmony intended by God the Creator, we can and do experience disharmony within ourselves, in our relationships with others, and with creation. This can include varying degrees of alienation, or disharmony, with our body, soul, and mind. As a result of this woundedness we are often confused and confounded by conflicting desires.

9. The Good News is that Christ came to restore the original harmony intended for us that had been lost through sin. In the depths of struggle and suffering there is the light of hope given by redemption in Jesus Christ.18 In Christ, God is reconciling us to Himself, and it is Jesus, “the image of God, who enlightens fully and brings to completion the image and likeness of God”19 in the human person. We can find our peace and joy by coming close to the

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mercy of Christ now, while waiting with great hope for His second coming in the future. Those who have issues relating to sex and gender can and should be reassured that although this struggle can be deeply painful, it is an integral aspect of our common human experience. As Catholics we believe that wholeness is only ultimately restored in each of us by finding fullness of life with Christ in heaven. We cannot rely on human means alone to resolve these internal tensions.

10. It is also important to note that the whole of the human person is seen as being created in the image of God.20 A person cannot be reduced to one element of his or her being (such as his or her body, or sex, gender). To do so would be to distort this image.21 We are invited to “see each person holistically rather than seeking to define them by just one aspect of their identity.”22 The human body shares in the dignity of the image of God. It is a human body precisely because “it is animated by a spiritual soul, and it is the whole person that is intended to become, in the body of Christ, a temple of the Spirit.”23

THE IMPORTANCE OF THE BODY – SOUL UNITY

11. We believe that the human person “though made of body and soul, is a unity, wherein spirit and matter are not two natures united, but rather their union forms a single nature.”24 There might be distinction between soul and body, but both together determine what it means to be human. The body has meaning and importance both in this present moment and through to eternity.25 Belief in the body-soul unity flows from and is integral to all the central mysteries of the Christian faith. In the Incarnation of Christ, the Divine Word (Logos) becomes flesh and assumes a human nature; Jesus offers his body to be crucified in

obedience to the Father’s will and becomes a loving sacrifice for all. In the Resurrection, Jesus rises from the dead in his body and ascends to the Father. Jesus continues to abide with us in the Eucharist. In the Creed we profess our faith in the resurrection of our bodies. Our body and soul will then find the harmony intended for them in the mystery of creation, and precisely through the mysteries of Christ revealed to us in the Gospels.

12. This is why Pope Francis emphasises that “the acceptance of our body as a gift from God is vital for welcoming and accepting the entire world as a gift from the Father … learning to accept your body, to care for it and to respect its fullest meaning.”26 Since the body shares in the dignity of the image of God and was created by God, we must not despise bodily life. Rather, we are obliged to regard the body as good and to honour it; we are to resist medical interventions, hormonal and surgical, to ‘reassign’ gender.27 We must also be sensitive to the potential long-term psychological and other consequences for a student as a result of social transitioning, particularly for younger children.28 Views that promote a misleading view of the human body are deeply concerning in that they foster a flawed view of the human person to the detriment of the good of the individual. Whilst recognising with genuine love and compassion the difficulties individuals may experience with regards to questioning their gender, the Church is clear that especially “the young need to be helped to accept their own body as it was created.”29

SEXUAL DIFFERENTIATION

“Male and female, He created them.” (Genesis 1:31)

13. From the very beginning the human

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person is created male or female, and the “life of all humanity … is marked by this primordial duality.”30 Being male or female is fundamental to understanding the human person. This may not be reduced to the solely physical or biological. Our sexuality contributes significantly to the psychological and spiritual aspects of our human nature. Being male or female is therefore “a fundamental component of personality, one of its modes of being, of manifestation, of communicating with others, of feeling, of expressing and of living human love.”31 The existence of differences of sex development (DSD) does not undermine this essential reality. Nor does the Church’s opposition to medical or surgical ‘sex change’ exclude the possibility that a person with genital abnormalities, already evident at birth or that develop later, may choose to receive the assistance of healthcare professionals to resolve these abnormalities 32 Such matters are outside the scope of this guidance, which deals solely with the issues of gender-questioning students and gender identity theory.

14. There is a fundamental equality, and there is distinctiveness, in being created man or woman, and this is good and willed by God.33 We are therefore invited to “acknowledge and accept” our sexual identity as man or woman.34 Pope Francis teaches: “it is not a healthy attitude which would seek to cancel out sexual difference because one no longer knows how to confront it.”35 Therefore, any education on sexuality and affectivity must help a person to value their own body in its femininity or masculinity.36 This is necessary if we are going to be able to recognise ourselves in “an encounter with someone who is different,”37 and if we are to “joyfully accept the specific gifts of another man or woman, the work of God the Creator, and find mutual enrichment.”38

15. With regard to the matter of biological sex and the socio-cultural role of sex (or some

might say gender), the Church wishes to emphasise that, while these can be distinguished, they cannot be separated.39 The Church recognises that how we live out our roles as male or female “is not simply the result of biological or genetic factors, but of multiple elements having to do with temperament, family history, culture, experience, education, the influence of friends, family members and respected persons, as well as other formative situations.”40 It is also aware that roles attributed to the sexes may vary according to time and space.41 Therefore, “rigid cultural stereotypes of masculinity and femininity are … unfortunate and undesirable because they can create unreasonable pressure on children to present or behave in particular ways.”42 However it is clear that the sexual identity of the person as man or woman is not a cultural or social construction, it belongs to the specific manner in which the image of God exists.43 As Pope Francis says, “we cannot separate the masculine and feminine from God’s work of creation, which is prior to all our decisions and experiences, and where biological elements exist which are impossible to ignore.”44

GOING DEEPER: DIOCESE OF NOTTINGHAM ‘BEING HUMAN’ RESOURCE

16. Some time ago the NRCDES collaborated with the Humanum Institute and commissioned a set of video resources which could be used as part of a school’s CPD provision on this important area. The resources were circulated to schools as part of the RSHE Toolkit in November 2021. Further details and access codes are available through contacting the NRCDES.

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Part II

PRINCIPLES OF AN AUTHENTIC PASTORAL ACOMPANIMEN T

TOWARDS A GENUINE PASTORAL ACCOMPANIMENT

17. To accompany those students who question their gender is a complex but essential pastoral task. In every human person, regardless of how they choose to identify, the image of God shines forth.45 So too does the unchangeable reality that every person is willed, necessary, and loved.46 All are welcome in the Church. The love of Christ urges us to open wide the doors of the Church to all people, especially to those on the margins and to those who suffer. In line with the teaching of Pope Francis, a clear understanding must be held of the relationship between the pastoral care for those who question their gender, and the need always to proclaim the human person made in the image and likeness of God.

18. Just as there are eight billion unique people on this earth, each with very different strengths, weaknesses, joys, hopes, struggles, and sorrows, it follows that there can be no ‘one size fits all’ set of guidance for pastoral accompaniment in this area. Every situation is complex, each different from the other, and can never be reduced to one fixed single response. Yet a pastoral response must always remain grounded in both charity and truth, never neglecting one in favour of the other.

19. However, three things can be discerned to support ongoing pastoral work and reflection in this area:

a. the aim of pastoral accompaniment of gender questioning students;

b. some basic principles for accompaniment drawn from Catholic teaching;

c. the style of pastoral accompaniment demanded by the Gospel.

Those offering pastoral accompaniment require not only mercy, compassion and understanding but also, most importantly, competence and formation.

THE AIM OF PASTORAL ACCOMPANIMENT

20. Good practice commits us to imitating the boundless mercy and compassion of Christ in the ways in which we listen to and seek to understand each and every person in their complexity, including those questioning their gender. Jesus tells us that He “has come that we may have life, life in all its fulness.”47 Pastoral accompaniment must be rooted in an authentic Catholic understanding of the human person, as outlined earlier in this document. Any pastoral approach by the Church must be “aimed… at enabling each person to love themselves, body, mind and soul, as they have been created and are loved by God as a whole person.”48 In the context of students Pope Francis has said that “beyond the understandable difficulties which individuals may experience, the young need to be helped to accept their own body as it was created.”49 Walking compassionately with people towards

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the fullness of life in Christ should be our guiding principle.

SOME PRINCIPLES FOR THE PRACTICE OF PASTORAL ACCOMPANIMENT

21. It is for this reason that, in his Apostolic Exhortation Evangelii Gaudium, Pope Francis frames the ‘art of accompaniment’ in these words: “(it) teaches us to remove our sandals before the sacred ground of the other … The pace of this accompaniment must be steady and reassuring, reflecting our closeness and our compassionate gaze which also heals, liberates and encourages growth in Christian life.”50 The heart of pastoral accompaniment requires of us then a reverence towards each person’s situation before God and towards each person’s life of grace as “mysteries which no one can fully know from without;”51 we must refrain from “making judgments about their responsibility and culpability.”52

22. We recognize that pastoral accompaniment in this area is complex, encompassing legal, medical, psychological, theological, spiritual, and pedagogical aspects. It takes place within the context of everchanging and polarising developments in the political, cultural, and commercial spheres. Whilst mindful of the legal constraints within which our schools operate, we are aware that currently the law is generous to, and supportive of, Catholic life and mission in this particular area. Whilst accompaniment must be tailored to the needs of each individual young person, some broader practical principles for pastoral work in our schools can be discerned from the foundational Catholic understanding of the human person we have reflected on earlier in this document.

23. Those who offer pastoral accompaniment to students who are

questioning their gender should receive formation in the Catholic vision and understanding of the human person, and a holistic view of human sexuality. They need to be skilled in discernment and, through establishing safe and trusting relationships with those students and families, their work should encourage a person to journey towards wholeness. This formation and competence is vital to ensure that the testimonies and lived experiences of those questioning their gender can be properly understood and responded to in a way which respects their perception of reality, particularly when painful. At the same time, it is recognised that those who offer accompaniment cannot always unquestioningly accept the views of those with whom they journey, since there may be other perspectives to be considered.53

24. Pastoral accompaniment, as described here, cannot encourage support for surgical or drug-based medical interventions aimed at aligning the body with a student’s perceived gender identity. The Final Report of the Cass Review has recommended that such interventions should not generally be offered to children and young people under 18, except in the context of a clinical trial.54 Pastoral accompaniment must also be sensitive to the potential long-term psychological and other consequences on a student as a result of social transitioning and the caution which should be exercised with any such steps, especially for younger children.55 Rather, when a student seeks to be accompanied on their journey, our aim is to help them discover and cherish for themselves their humanity as it was conceived and created by God.56 This must be done with gentleness, respect, patience, and love. As Christ consistently demonstrated in His teaching ministry, and taking Him as the only sure model of authentic pastoral accompaniment, we must first listen to and understand the situations of all those we encounter, and then slowly and patiently invite

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them, as He did, to embrace a wider horizon, the wider horizon of God’s love and plan for each person. In the personal journey of following Christ, which constantly unfolds, primacy always lies with the grace of Christ. Certainly, the role of pastoral accompaniment is expressed “in an endless desire to show mercy, the fruit of our own experience of the power of the Father’s infinite mercy.”57

25. We are asked neither to legitimize nor uphold a way of living that is not respectful of the truth and vocation of each person, man and woman, called to live according to God’s plan. Rather we recognize that this divine plan is “ a source of objective inspiration for the deeply personal process of making decisions.”58 Such decisions will be achieved step by step and gradually. This pastoral accompaniment also requires care in the choice of language used. Sensitivity to each person’s situation and a desire to show respect are crucial. We should never seek to cause gratuitous offence to another, particularly where we encounter a view of reality that is different from or departs from the Church’s vision of the human person. Yet care should be taken to resist the temptation to adopt the language of gender ideology in our schools. In the confusion surrounding the ‘gender issue’, the Church is called to proclaim an authentic understanding of the human person with clarity, simplicity, love and respect.

26. In summary:

a. from a pastoral perspective, accompaniment has at its heart an acceptance and celebration of the body as created,59 as well as a respect for parents as primary educators, and it should uphold best practice in terms of safeguarding principles. Medical interventions for students should not be supported;

b. there are pressures in the spheres of education, healthcare, business, and our

wider society to affirm and encourage the questioning of gender. The Church cannot offer this kind of affirmation or encouragement;

c. in each and every pastoral situation is the truth that the individual student, no matter how distressed and disturbed in their own sense of self and reality, is known and loved by God in all their complexity, including any questioning about gender.

27. Since formation in an authentic Catholic understanding of the human person is the cornerstone for all those engaged in the task of accompanying students questioning gender in our schools, it follows that school leaders must decline the involvement in the life of the school of movements and organisations (including their language, materials and symbols) whose positions are clearly at odds with the Catholic vision of the human person and the mission of the Church.

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Staff who are trained to accompany pastorally those questioning gender must be clear that ultimately their purpose is to offer pastoral support to the student in the life of faith, and the promotion of a vision of the human person in line with the teaching of the Church.

29. We acknowledge that there are a small number of adults in our school communities who have chosen to transition socially and medically. We do not wish to be indifferent to the fact that they have chosen this path. The doors of the Church are open to all, and all should find a welcome that is compassionate, sensitive and respectful. This guidance deals only with how to respond to students who are questioning their gender, and does not cover employment arrangements or matters concerning staff and other adults within our school communities.

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THE STYLE OF PASTORAL ACCOMPANIMENT

30 As disciples of Jesus Christ, we are called to live lives in imitation of His example of love and service. The Gospels are full of encounters Jesus had with people on the margins, those who struggle, those who suffer, and those who seek truth. The account in Luke’s gospel of the Road to Emmaus, where Jesus meets two disciples after His Resurrection,60 is a powerful model of how the example of Christ Jesus can inspire our own work in this delicate area. Jesus begins by walking alongside these two disciples in their pain and confusion. Through gentle questions He endeavours to understand what they are thinking and feeling. Jesus listens to them and does not force the truth upon them. He patiently awaits the invitation to stay with them. He reveals the truth gradually, leading them to understand the mystery of what has happened in His dying and rising. It is always about mission. Emmaus is not the end of their journey.

31. An authentic pastoral accompaniment is one which walks alongside people with

compassion, sensitivity and a disposition which treats each person with “the maximum of respect ”61 It is “capable of reaching out to those who are experiencing complex and painful situations”62 and it is one which necessitates and nurtures trust, calmness, openness, time, careful discernment, and “a patient and understanding ear, far removed from any unjust discrimination.”63 Rooted in the truth of the human person, this accompaniment, as long and complex as it might be, becomes “a pilgrimage with Christ to the Father.”64 This form of pastoral accompaniment “requires listening with empathy, as well as extending the invitation to receive God’s gift of the sexed body.”65 This will enable the true flourishing of the human person and the gradual integration, acceptance and celebration of body, mind, and soul. Such pastoral accompaniment is not an assertion of the self, but a recognition that we are each wonderfully made by God. We are all in need of God’s healing restoration so that we can finally come to know and love ourselves, others, and Him, in the light of the truth of our human condition.

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Part II I

WHAT DOES THIS MEAN FOR CATHOLIC SCHOOLS IN THE DIOCESE OF NOTTINGHAM ?

INTRODUCTION

32. The first and second parts of this document have provided the foundations of Catholic understanding of the human person and authentic pastoral accompaniment needed to support students in this complex area of gender identity. Both aspects should form the lens through which we approach this issue in our schools. They should inform and support the discernment and decision-making regarding individual accompaniment in this area as well as decisions involving the wider school environment and community. However Catholic schools operate within a web of statutory and regulatory frameworks and have legal obligations which must also be satisfied. It is recognised that those working in schools often feel a tension between balancing what the Church teaches, what the law requires, and the unique and distinct needs of the young person in front of them. Therefore this part of the document seeks to provide the necessary materials to enable schools to understand exactly what the law requires of them in this area. It covers the Equality Act, DfE requirements regarding RSHE, and OFSTED requirements regarding LGBT issues in the curricula. In addition to this, further consideration and direction is given in relation to the issues of Pride and ‘LGBT + groups’ within a Catholic context. It is hoped this will enable schools to feel confident in their discernment and decision-making in this delicate, and yet often politically charged, pastoral area.

EXPECTATIONS FOR CATHOLIC SCHOOLS IN THE DIOCESE OF NOTTINGHAM FLOWING FROM FIRST PRINCIPLES AND THE DISTINCTIVE NATURE OF A CATHOLIC SCHOOL

Principle

33 Catholic schools are ecclesial entities, as such they participate in the evangelising mission of the Church and represent a privileged environment in which the Church’s education is carried out. The role of the headteacher in upholding the Catholicity of the school is of tremendous importance.

Action

34. All that is carried out in a Catholic school is orientated to the love of Christ, adherence to the teaching of the Church, and in communion with the bishops.

Overview

35. Every Catholic school is under the Trusteeship of the Diocese of Nottingham (with a few exceptions, and these are in the Trusteeship of Religious Orders who must also act in accordance with the wishes of the bishop).

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36. Each school’s Trust Deed (now incorporated into the academy conversion documentation) states that:

• The school was founded by and is part of the Catholic Church. The school is to be conducted as a Catholic school in accordance with Canon Law and the teachings of the Catholic Church, and in accordance with the Trust Deed of the Diocese of Nottingham, and in particular:

• religious education is to be in accordance with the teachings, doctrines, discipline and general and particular norms of the Catholic Church;

• religious worship is to be in accordance with the rites, practices, discipline and liturgical norms of the Catholic Church; and at all times the school is to serve as a witness to the Catholic faith in Our Lord Jesus Christ.

37. It is important that schools are always mindful of the fact that they are founded by the Church. A recent document from the Congregation for Catholic Education states clearly that Catholic schools are ecclesial entities – they are part of the Catholic Church. “Catholic schools are ecclesial entities. As such, they participate in the evangelizing mission of the Church and represent the privileged environment in which the Church’s education is carried out.”66

38. In a school context there can be a perceived tension between compliance with the law (statutory regulations) and what is required of us as faithful disciples of Christ. In a Catholic school, the headteacher is the faith-leader of the school community and is a 'minister of the Church'. It is a position of great responsibility and accountability. It is therefore vital that the headteacher is confident to proclaim the teachings of the Church in completeness and in all their beauty, as well as being aware of, and adhering to, the law which applies to all schools.

REQUIREMENTS FOR AN AUTHENTIC PASTORAL ACCOMPANIMENT IN SCHOOLS OF THE DIOCESE OF NOTTINGHAM

Principle

39. Principles outlined in Part II of this document are the foundation for any pastoral accompaniment in this area. The accompaniment of students questioning gender or issues relating to sexual orientation is to be carried out by those who have completed the ‘Certificate in Pastoral Accompaniment (Schools)’

Overview

40. The previous pages have provided an outline framework for pastoral accompaniment; they serve as a helpful starting point for our diocesan schools.

41. It has been stated that, “those offering pastoral accompaniment require not only mercy, compassion and understanding but also, vitally, competence and formation.” Therefore in the Diocese of Nottingham accompaniment of students will be carried out by those who have completed the ‘Certificate in Pastoral Accompaniment (Schools)’. This training is offered by the NRCDES and must be renewed on an annual basis. It covers areas including general principles of accompaniment, a Catholic understanding of the human person, legal principles, and issues around safeguarding.

42. It is envisaged that in the majority of cases accompaniment will be carried out on an individual basis. The broad umbrella term LGBT (or LGBTQ+, or similar) is not always helpful in that it conflates issues related to both sexuality and gender. These issues are not the same, and there will be differences in the

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approach that accompaniment should take depending on the particular circumstances and presentation of each individual student. Similarly the age and stage of development of students will be different, and it may not be appropriate to raise issues within a group context.

SPECIFIC CONSIDERATIONS IN LIGHT OF CHURCH TEACHING

43 The celebration of Pride and the formation of ‘LGBT groups’ within schools are some of the most common issues asked of the NRCDES at secondary level. This section aims to provide a reflection from Catholic sources concerning these issues. The starting point for any consideration of such issues must be taken from the principles outlined in Part II of this document, particularly:

If formation in an authentic Catholic understanding of the human person is the cornerstone for all those engaged in the task of accompanying people struggling with gender identity in our schools, it follows that they must decline the involvement in the life of the school of movements and organisations (including their language, materials and symbols) where their positions are clearly and often stridently at odds, with the Christian vision of the human person and the mission of the Church.

44. Other practical issues which have generated significant controversy over recent years across the country, such as changing names and pronouns, single-sex spaces, and sports, are addressed in the DfE’s draft guidance published in December 2023. The relevant parts are excerpted below and our Catholic schools are encouraged to follow the advice given therein.

PRIDE

Principle

45. It is not appropriate for our Catholic schools to celebrate Pride as we cannot endorse its entire agenda. Whilst there is a statutory obligation at secondary level for all schools to include curriculum content on LGBT, there is no legal obligation for them to celebrate Pride.

Action

46 Ordinarily this content will be delivered as part of the school’s normal curriculum planning cycle. However should a specific vehicle for the delivery of the statutory content on LGBT be found helpful, in the Diocese of Nottingham LGBT+ History month (February) should be used rather than Pride month (June).

Overview

47. Over recent years it has become increasingly common for a range of ‘weeks’ and ‘months’ to be marked in the secular calendar. Examples of these include Black History month, LGBT+ History month, and Pride month. How should schools begin to answer the question of celebrating Pride and the use of its related symbols? This should be considered from two perspectives:

• What is the teaching of the Church?

• Are there any legal obligations on our schools?

Church Teaching

48. The Church teaches clearly that we are each made in the image and likeness of God, that we are precious and loved. In this respect there is a similarity with the Pride movement. Difficulties arise because the current

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expression of the Pride movement goes much further than this. In recognising, valuing, and celebrating these identities, Pride also celebrates a range of lifestyle choices and identities which are contrary to the teachings of the Church.67

49. The document ‘Created and Loved: A Guide for Catholic Schools on Identity and Gender’ affirms the importance of creating a climate of love and inclusion in Catholic schools, whilst resisting the use of symbols:

A Catholic school has a responsibility to create an environment hospitable to a life of faith, which can be expressed in multiple ways. For a culture of lively Catholic witness to thrive, the language of school leaders is instrumental in encouraging a celebration of each individual in their uniqueness, balanced with the dynamics of the whole community. Because of this healthy diversity and witness, school leaders will be diligent in resisting the incursion of political lobbying, ideological postures, organisations and movements at odds with the school’s mission, along with their language and symbols.68

50. The Bishops of the Nordic Church issued a Pastoral Letter on ‘human sexuality’ for the Fifth Sunday of Lent 2023 which refers to the Pride flag:

The covenantal sign, the rainbow, is claimed in our time as the symbol of a movement that is at once political and cultural. We recognise all that is noble in this movement’s aspirations. In so far as these speak of the dignity of all human beings and of their longing to be seen, we share them. The Church condemns unjust discrimination of any kind, also on the basis of gender or orientation. We declare dissent, however, when the movement puts forward a view of human nature that abstracts from the embodied integrity of personhood, as if physical gender were accidental. And we

protest when such a view is imposed on children as if it were not a daring hypothesis but a proven truth, imposed on minors as a heavy burden of self-determination for which they are not ready.69

51. The role of parents is also complex. In some cases parents may genuinely not understand why a Catholic school would not celebrate Pride month; this may be true of parents who are not Catholic but choose to send their child to a Catholic school; equally, the sentiment may be shared by parents who are Catholic but who may not have a clear understanding of the Church’s teaching or who choose to reject it. It may also be the case that the parents (or members of their family) may be part of the lesbian, gay, bisexual, or trans community. There will, however, also be a group of parents who will object to this specifically on the grounds that the school is a Catholic school and that, as such, they would expect the school to uphold the teaching of the Church. It is important that we demonstrate pastoral sensitivity to all.

52. There does exist a school of thought which claims that it would be appropriate for Catholic schools to mark Pride month, but there are certain challenges with this approach. Is it right and truthful to our students to celebrate an agenda with which we cannot completely agree? It is indeed the case that we would celebrate and recognise the dignity of each person, but we cannot celebrate lifestyles which are incompatible with Church teaching.

53. In summary, it is not appropriate for our schools to celebrate Pride because we cannot endorse the entire agenda. To approve only one part of it could be seen as dishonest and could lead to confusion. We must instead seek to articulate those values and principles with which we can agree, and affirm Catholic teaching in a different, distinct and pastorally positive way.

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Legal Obligations

54. The second perspective through which to arrive at a response to this question is the matter of our legal obligations. Whilst the DfE’s statutory guidance for Relationships, Health and Sex Education requires secondary schools to include curriculum content on LGBT,70 there is no legal obligation for them to celebrate Pride. The DfE is currently in the process and reviewing and updating this guidance, the consultation period for which closes on 11th July 2024

LGBT+ GROUPS

Principle

55. Where a school has identified a specific need to consider establishing a short-term pastoral support group for older students, contact should be made with the NRCDES.

Action

56. Any proposal for an ‘LGBT+ society’ or other similar identity-based group should be discussed with the NRCDES before it can commence. The following areas will be discussed:

• Identification of need – key staff such as senior leaders and lay chaplains need to ensure that there are sufficient opportunities to listen to the needs of students.

• Appropriate formation – it is vital that those who provide support have received appropriate formation for this role and that they are confident in their knowledge and understanding of the teachings of the Church.

• A culture of safeguarding – any pastoral support programmes must be

grounded in a culture of safeguarding and must align completely with school or CMAT safeguarding protocols.

• Open and transparent – it is important that any pastoral support group is not regarded as ‘exclusive’ or secret.

• Purpose and identity – the purpose of the group should be clear from the outset and its name should reflect the Catholic ethos of the school.

• Monitoring – as with any other aspect of school life, it is important that the work of the group is monitored carefully and that this is carried out by a member of staff who understands the Church’s teachings in this area.

Legal Obligations

57. The law does not require schools to allow or establish identity-based groups such as an ‘LGBT+ society’ or similar. Schools must not discriminate either directly or indirectly on the basis of sexual orientation or gender reassignment, and they also must comply with the public sector equality duty (see the explanation of these concepts below). It is important, therefore, for schools to ensure they take a consistent approach. Schools should also record the reasons for a decision carefully. However if a decision is taken by a school not to allow an identity-based group, following discussion of the matters set out above with the NRCDES, this is likely to be justified, even if it were suggested that this put same-sex attracted or gender-questioning students at a disadvantage.

FURTHER SUPPORT AND RESOURCES

58 Training resources for secondary schools which can be used as part of staff

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meetings and inset days are being prepared.

59. It is envisaged that the first cohort of training for the ‘Certificate in Pastoral Accompaniment (Schools)’ will take place in the academic year 2024-25.

60 Schools are reminded that training on LGBT issues is to be provided by the NRCDES only. Where a school wishes to make use of alternative training provision in this area, this must be agreed by the NRCDES in advance of any training taking place.

61. In terms of external agencies and speakers to support other aspects of RSHE, it is important that schools make use of the external speakers’ checklist, devised by the CES, and which forms part of the NRCDES RSHE Toolkit. For a copy of this please contact the NRCDES.

LEGAL AND REGULATORY REQUIREMENTS

Principle

62. Schools should ensure they are compliant with their legal duties. There are three main pieces of legislation relevant to schools’ duties in this area of which it is important to be aware:

• the Equality Act 2010;

• the Human Rights Act 1998;

• the Education Act 2002.

Equality Act 2010

63. The Equality Act 2010 makes discrimination connected to certain protected characteristics unlawful in certain contexts. The relevant protected characteristics for the

purposes of this guidance are sex, religion or belief, and gender reassignment.

64. Sone definitions given in the law:

• Sex means male or female, and for students this means biological sex.71 A person’s legal sex changes if they have obtained a Gender Recognition Certificate (GRC) under the Gender Recognition Act 2004, but a GRC can be applied for only by someone aged 18 or over.

• Religion or belief means ‘any religious or philosophical belief’ and includes a lack of belief. This obviously encompasses belief in Catholic teaching as outlined above, but can also include a belief in gender identity theory or a lack of belief in it (sometimes referred to as ‘gender-critical beliefs’).72

• Gender reassignment means where a person proposes to undergo, is undergoing or has undergone a process (or part of a process) for the purposes of reassigning their sex by changing physiological or other attributes of sex.73 Other identities such as ‘non-binary’ or ‘gender-fluid’ are not separately recognised in law and will only be protected to the extent that they meet the definition of gender reassignment set out in the Equality Act 2010

65. Schools must not discriminate against students. This applies to the way in which education and any benefit, facility, or service is provided at the school, as well as decisions about exclusion or any other detriment. However it does not apply to anything done in connection with the content of the curriculum. This means that schools have freedom to expose students to a range of thoughts and ideas, and this is not unlawful even if this causes offence to students with particular protected characteristics. Schools must not

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promote partisan (ie one-sided) political views and must offer a balanced presentation of opposing viewpoints.74 Schools designated with a religious character are free to teach according to the tenets of their faith, and principles or views in line with these tenets are not covered by statutory requirements on political impartiality.75

66 There are three main forms of unlawful discrimination applicable in relation to these issues:

• Direct discrimination is treating a student less favourably because of a protected characteristic. For example, giving extra revision classes to girls but not to boys would be direct discrimination against boys.

• Indirect discrimination is where a provision, criterion, or practice is applied in a school which puts students who share a protected characteristic at a particular disadvantage compared to students who do not share that characteristic, and the provision, criterion, or practice cannot be shown to be a proportionate means of achieving a legitimate aim. For example, scheduling a compulsory school activity on a Saturday might be indirect discrimination against Jewish students, if there was not a good reason for this decision.

• Harassment is engaging in unwanted conduct related to a relevant protected characteristic which has the purpose or effect of violating a student’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment for them. The perception of the student, the wider circumstances, and whether or not it is reasonable for the conduct to have had that effect are all taken into account in determining

whether conduct is harassment. For example, calling a student offensive names or allowing others to do so might amount to harassment. In schools, the prohibition on harassment does not apply to the protected characteristics of religion or belief, and gender reassignment, but it does apply to sex.76

67 The Equality Act 2010 allows for exceptions relating to sport and single-sex facilities.77 In essence, where maintaining single-sex sports or facilities is a proportionate means of achieving a legitimate aim, such as ensuring fair competition, protecting dignity and privacy, or ensuring safeguarding requirements are met, it will not be unlawful discrimination.

68 Finally, schools are subject to the Public Sector Equality Duty (PSED),78 which requires them to have due regard to the need to eliminate discrimination, advance equality of opportunity, and foster good relations between persons who share a protected characteristic and those who do not. This is of particular importance when formulating policies, and the Diocese has had careful regard to the PSED in producing this guidance.

69. For the purposes of determining whether any action or decision amounts to discrimination or harassment, as well as whether the PSED has been complied with, the religious or non-religious ethos or foundation of a school is an important consideration to be taken into account.

79

Human Rights Act 1998

70. Schools have a duty to act in conformity with the rights set out in the European Convention on Human Rights,80 in particular: Articles 8, 9, 10, 14, and Article 2 of Protocol 1. Interference with all of these rights can be justified, insofar as it is in accordance with the law and necessary in a democratic

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society in pursuance of a legitimate aim such as protecting health or morals, or the rights and freedoms of others.

• Article 8 guarantees the right to respect for private and family life. This includes a person's sense of their own identity and personal choices as to desired appearance.

• Article 9 protects the right to freedom of thought, conscience and religion, as well as the right to manifest one’s beliefs individually or together with others.

• Article 10 provides that everyone has the right to freedom of expression. This includes the right to receive and impart information, and the right not to manifest or express a belief that one does not hold.

• Article 14 ensures that the enjoyment of the other rights in the Convention is secured without discrimination, including on the basis of sex, religion or ‘other status’ (which encompasses being trans or gender-questioning).

• Article 2 Protocol 1 protects the right of children to receive education and parents to ensure that education and teaching is in conformity with their own religious and philosophical convictions. This does not mean that parents can object to children being taught anything they disagree with, but it does mean that information must be conveyed in an objective, critical and pluralistic manner and not with the aim of indoctrination. Pluralistic is not the same as relativistic: it requires a balanced and fair representation of differing views and perspectives, but not acceptance that all views are equally true and valid.

Education Act 2002

71. The governing body of a CMAT (in our Diocese, the Board of Directors) must make arrangements for ensuring that all functions relating to the conduct of the school are exercised with a view to safeguarding and promoting the welfare of students.81

72 Safeguarding and promoting the welfare of children is defined further in ‘Keeping Children Safe in Education 2023: Statutory Guidance for Schools and Colleges’ and ‘Working Together to Safeguard Children 2023.’ Amongst other matters, these documents emphasise the need to take steps to avoid any forms of sexual harassment or abuse between students, and to engage with children’s families if any concerns arise.

GENDER QUESTIONING CHILDREN

NON-STATUTORY GUIDANCE FOR SCHOOLS IN ENGLAND (DEPARTMENT FOR EDUCATION

DRAFT - DECEMBER 2023)

Overview

73. In December 2023 the DfE published draft consultation guidance for schools. The consultation closed in March 2024. The guidance is based on five general principles that schools can use to frame their response to accommodate requests from a student who is questioning their gender:

• Schools have statutory duties to safeguard and promote the welfare of all students;

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• Schools should be respectful and tolerant places where bullying is never tolerated;

• Parents should not be excluded from decisions taken by a school relating to requests for a student to 'socially transition';

• Schools have specific legal duties that are framed by a student’s biological sex;

• There is no general duty to allow a student to 'social transition'.

74 Students questioning their gender may make different requests. Schools should not proactively initiate action towards a student’s social transition. Action should only be considered after it has been explicitly requested by the student, and the steps set out below have been followed, including engaging with parents. There could be instances where students disclose first to their teachers that they may be questioning their gender. If there is no change being requested teachers can listen respectfully about a student’s feelings without automatically alerting parents, but for safeguarding reasons cannot promise confidentiality. If a school wishes to accommodate degrees of social transition, they are advised to do the following:

• Allow for watchful waiting: Wait for a period of time before considering a request, to ensure it is a sustained and properly thought through decision. This period of 'watchful waiting' may help to ensure unnecessary action is not undertaken.

• Make parents aware: If a student requests a change, schools should make parents aware of the situation and can point them to support outside the school environment (for example, pastoral or medical support) if they request more information. The only exception to this is the very rare situation where informing

parents might raise a significant risk of harm to the student. If after a period of watchful waiting the student would still like their request to be granted, schools, involving their designated safeguarding lead, are advised to take into account the following points:

o The school's safeguarding obligations: legal duties will differ depending on the request. These are outlined in the guidance below. Where the guidance advises that schools should adopt a certain approach, or are able to set clear rules in a particular area, this should apply in the overwhelming majority of cases and be the starting point for decision making. However in some areas the school must be prepared to depart from the expected approach or from those rules in the exceptional case where it is necessary to do so to safeguard and promote the welfare of a student. In doing so they should note that safeguarding requires an individual to consider what is in the best interests of the student, which may not be the same as the student’s wishes. The guidance states where schools do not need to consider an exception.

o The views of parents: it is important that the views of the student’s parents should carry great weight and be properly considered. We would expect parental consent to be required in the vast majority of cases.

o The age of the student: age is a factor whenever making a decision of this nature. Requests from younger students in primary schools should be treated with great caution. They are more vulnerable as they are

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less able to articulate their feelings and will have a less mature understanding of complicated issues.

o Any relevant clinical information that is available: while neither students or their parents are obliged to share medical advice with schools, where such advice is available, schools should factor this into their decision making.

o The seriousness and context of the request: schools should take into consideration whether the student has made similar requests previously, and whether the student has properly considered the impact of their requests. As part of testing whether this is a sustained request, schools should seek to understand societal or other factors that may have influenced the student, for example:

§ Has the student been influenced by peers or social media?

§ Does the student feel pressured to identify differently because they simply do not align with stereotypes associated with their sex? This is relevant as some people think gender identity reinforces stereotypes about men and women.

§ Whether it may be appropriate for schools to seek input from the SENCO.

§ Is there an interaction with a student’s sexual orientation? Schools should note that the Cass Review 'heard from young lesbians who felt pressured to identify as transgender male, and conversely transgender males who felt pressured to come out as

lesbian rather than transgender'. Where a student discloses that they are also questioning or exploring their sexual orientation schools should make clear that they are under no pressure to reach a particular outcome.

o The long- and short-term impact on the student: we do not yet have definitive evidence on the long- and short-term impact of changes on students, but the Cass Review's interim report is clear that it could have significant psychological effects on a young person. Schools should therefore take a cautious approach.

o The impact on other students: schools should consider the impact on other students, including any safeguarding concerns. Once schools have balanced all the factors above, including the impact on the student, they may conclude that the impact on the school community is such that it may not be possible to agree to support a request.

75. Completing the above steps will not be sufficient to allow a gender questioning student access to spaces designated for the other sex, or to sports where it is not safe or fair to take part with the opposite sex.

76. Following the process for decision making will ensure that all members of staff are supporting the student In a consistent way. Members of staff should not unilaterally adopt any changes, including using a new name or new pronouns, unless or until this has been agreed by the school in accordance with the proper procedures and, in the vast majority of cases, parental consent.

77. If and when any change has been agreed, the school should communicate this to

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other students and staff where it is necessary and proportionate to do so. This should be done sensitively, without implying contested views around gender identity are fact. Other students, parents and teachers may hold protected religious or other beliefs that conflict with the decision that the school has made, these are legitimate views that must be respected.

Registration of Name and Sex

78. Every school must know and record the name and sex of every student in the admissions register. Schools must store and process a student’s data according to the law. By law schools must safeguard and promote the welfare of students for whom they provide education. It is often necessary to know a student’s sex in protecting them or others from harm. Schools should make sure that all relevant staff are aware of a gender questioning student’s biological sex. Having the correct information about a student is important in the context of schools fulfilling their safeguarding duties.

Changing Names

79. Schools must record a student’s legal name in the admissions register. They may allow students to change their informal ('known as') name if they believe it is in the best interests of the student to do so. Having fully consulted with the student’s parents, schools can allow a student to change the name by which they are known. It is not uncommon for people to be known by names other than those on their birth certificate. However due consideration still needs to be given by the school to all the relevant factors described above before making a decision. Where the informal name change is agreed, the new name should be communicated to the school community.

Pronouns

80. Agreeing to a student’s request to have others use different pronouns about them is a significant decision. Primary school aged students should not have different pronouns to the sex-based pronouns used about them. For older students schools do not need to specify pronouns to be used about each student and can decline a request to change a student’s pronouns. Where a school considers a student’s request, they should consult with parents and consider all the relevant factors as outlined above. Having considered these factors and examined all the evidence, schools should only agree to a change of pronouns if they are confident that the benefit to the individual student outweighs the impact on the school community. It is expected that there will be very few occasions in which a school will be able to agree to a change of pronouns. On these rare occasions no teacher or student should be compelled to use these preferred pronouns and it should not prevent teachers from referring to students collectively as 'girls' or 'boys', even in the presence of a student who has been allowed to change their pronouns. Even in the exceptional case where safeguarding requires a school to take an alternative approach, schools should exhaust all other options, such as using first names, to avoid requiring other individuals having to use preferred pronouns. In these exceptional cases schools should make sure that all relevant staff are aware of a gender questioning student’s biological sex, to fulfil their safeguarding and legal duties. In all cases bullying of any student must not be tolerated. No student should be sanctioned for honest mistakes when adapting to a new way of Interacting with another student. Whatever decision is taken with regard to the use of a new name or pronouns schools must still include the legal name and sex of the student in the admissions register, as required by the Education (Pupil Registration) Regulations (England) 2006.

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Single-Sex Spaces

81. Schools must always protect single-sex spaces with regard to toilets, showers, and changing rooms, as set out below. Responding to a request to support any degree of social transition must not include allowing access to these spaces. As a default all students should use the toilets, showers, and changing facilities designated for their biological sex unless it will cause distress for them to do so. In these instances schools should seek to find alternative arrangements, while continuing to ensure spaces are single-sex. The School Premises (England) Regulations 2012, and the Education (Independent School Standards) Regulations 2014, impose statutory requirements for both maintained and independent schools to provide sex-separated toilets for students aged eight and over (apart from individual toilets in fully enclosed rooms), and suitable changing accommodation and showers for students who are aged 11 years and over at the start of the school year.

Toilets

82 Schools are required to comply with minimum standards, including that separate toilets for boys and girls aged 8 years and over are to be provided. Boys must not be allowed to go into the girls' toilets and vice versa in order to protect all students, particularly girls. If a student does not want to use the toilet designated for their biological sex, and the school has considered all the relevant factors outlined above, they may wish to consider whether they can provide or offer the use of an alternative toilet facility. This should be secured from the inside and for use by one student at a time, including for hand washing. These alternative arrangements should not compromise the safety, comfort, privacy, or dignity of the student, or of other students.

Changing Rooms and Showers

83. Schools have a statutory duty to have suitable washing and changing facilities for students aged 11 years and over (at the beginning of the school year). Schools must not allow a student aged 11 years or older to change or wash in front of a student of the opposite sex, nor should they be subject to a student of the opposite sex changing or washing in front of them. If a student does not want to use the changing rooms and showers designated for their biological sex, and the school has considered all the relevant factors outlined above, they may wish to consider whether they can provide or offer the use of an alternative changing or washing facility, while continuing to ensure spaces are single-sex. This could mean a facility intended for use by one student at a time that can be secured from the inside. This alternative facility would not be suitable if access to it were through a changing room being used by the other sex. Schools could consider allowing access to facilities at an alternative time.

Boarding and Residential Accommodation

84. In allocating sleeping arrangements such as dormitories, tents, or shared rooms for school trips, each student’s sex is relevant. Schools must meet their safeguarding obligations set out in Keeping Children Safe In Education (KCSIE). No student should be allowed to share a room with a student of the opposite sex. If a student questioning their gender does not wish to share a room with another student of the same sex, where possible, and only after the school has considered relevant factors outlined above, alternative arrangements should be sought. These alternative arrangements should not compromise the safety, comfort, privacy, or dignity of the student, or of other students, for

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instance finding a suitable separate room for the student.

Uniform

85. Schools determine their own uniform rules and should enforce them fairly and equally. Schools have different uniform requirements for boys and girls. Some specify which uniform items are for girls and which are for boys, and similarly some schools have hairstyle rules which differ by sex. A student who is gender questioning should, in general, be held to the same uniform standards as other students of their sex at their school and schools may set clear rules to this effect. Many schools have a unisex uniform that can be worn by both sexes or offer significant flexibility, so allowing a student to change their uniform may be relatively easily accommodated. Schools considering such a request should refer to the DfE's uniform guidance. Where flexibility does not exist, while schools may look at how the student could be accommodated, schools would not be expected to develop new uniform policies as a result.

86. Decisions on uniform should only be made following a proper consultation with the student’s parents, having considered the relevant factors as set out above. When making a decision schools should consider whether this applies to all elements of the uniform. For example, schools may agree changes or exceptions to the standard school uniform for most uniform items, but not for swimwear. Schools will also want to ensure that all relevant staff are aware of any variations in uniform requirements agreed for a student, so that they are consistently applied, and that changes are communicated to others where necessary in a respectful way. A student who wishes to adjust their uniform may simply not wish to conform with expectations related to their sex. It should not be assumed that such a student is now on a path towards any transition.

Physical Education and Sport

87. Schools should provide equal sporting opportunities for girls and boys. For most students above a certain age this will require offering female-only sporting activities and competition. Schools should aim to ensure all students participate in sport safely and should encourage maximum participation. In particular, physical activity participation by girls drops in the teenage years, and it is important that schools are mindful of any actions that might exacerbate this further. In general, for early primary age students, a more relaxed approach can be taken to mixed-sex participation in sports. As students get older, the size, speed, and strength of boys and girls begins to diverge significantly. Schools that do not provide separate sports for girls are unlikely to be offering them equal opportunities to boys, and for some sports they will be putting girls at undue risk of injury if they have to play on mixed teams. For all sports where physical differences between the sexes threatens the safety of students, schools should adopt clear rules which mandate separate-sex participation. There can be no exception to this. Boys constitute more of a risk to girls because they are generally stronger, larger, and heavier than girls, especially when they are going through or have been through puberty. It would not be safe for a biological boy to participate in certain sports as part of a teenage girls' team. Where sports are deliberately mixed-sex, such as mixed netball, there should be no cause for concern. Even for sports where safety is not risked by mixed-sex participation, schools should ensure that sports are fair. For competitive sports schools should be aware that without separate sex participation it is unlikely that they will be offering equal opportunities to boys and girls. For non-competitive sport schools should continue to prioritise safety. Where a student requests to participate in PE lessons or sporting competitions that are intended for the

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opposite biological sex, schools should therefore consider:

• The age of the student making the request;

• How safe it would be to allow mixed-sex participation; and

• How fair it would be to allow mixed-sex participation.

A GUIDE TO THE DEPARTMENT FOR EDUCATION’S REQUIREMENTS FOR RELATIONSHIPS, SEX AND HEALTH EDUCATION

Principle

88. Catholic schools must ensure that the teachings of the Church relating to sexuality and gender are taught faithfully and in full. Schools must comply with the Equality Act 2010 and must ensure that all students understand the importance of equality and respect. At secondary level LGBT content must be integrated fully into the curriculum.

Overview

89. Since September 2020 relationships education has been compulsory for students in primary education, whilst at secondary level students must be taught relationships and sex education. Health education is compulsory in all schools too.

90. The NRCDES has produced a range of documentation and resources to support our schools in the teaching of RSHE. For further information on the statutory curriculum requirements please see RSHE Guidance for Schools – Curriculum published by the NRCDES in May 2020. The DfE requirements have been

incorporated into the CES Model Curricula for both primary and secondary schools and these have been incorporated into the diocesan guidance.

What does the statutory documentation say about LGBT content?

91. The documentation states:

36. In teaching Relationships Education and RSE schools should ensure that the needs of all pupils are appropriately met, and that all pupils understand the importance of equality and respect. Schools must ensure that they comply with the relevant provisions of the Equality Act 2010 (see the Equality Act 2010 and Schools: Departmental Advice), under which sexual orientation and gender reassignment are amongst the protected characteristics.

37 Schools should ensure that all their teaching is sensitive and age appropriate in approach and content. At the point at which schools consider it appropriate to teach their pupils about LGBT, they should ensure that this content is fully integrated into their programmes of study for this area of the curriculum, rather than delivered as a standalone unit or lesson. Schools are free to determine how they do this, and it is an expectation that all pupils have been taught LGBT content at a timely point as part of this area of the curriculum.

92 What does all of this mean? Diocesan schools are no exception and must comply with the law and statutory guidance. At secondary level this includes teaching LGBT content, and diocesan schools may not ‘opt out’. It is important to note, however, that LGBT content is not a curriculum requirement at primary.

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What does the statutory documentation say about religious belief?

93. The documentation states:

Religion and belief (including teaching in schools with a religious character):

19. A good understanding of pupils’ faith backgrounds and positive relationships between the school and local faith communities help to create a constructive context for the teaching of these subjects.

20. In all schools, when teaching these subjects, the religious background of all pupils must be taken into account when planning teaching, so that the topics that are included in the core content in this guidance are appropriately handled. Schools must ensure they comply with the relevant provisions of the Equality Act 2010, under which religion or belief are amongst the protected characteristics.

21. All schools may teach about faith perspectives. In particular, schools with a religious character may teach the distinctive faith perspective on relationships, and balanced debate may take place about issues that are seen as contentious. For example, the school may wish to reflect on faith teachings about certain topics as well as how their faith institutions may support people in matters of relationships and sex.

22. In all schools, teaching should reflect the law (including the Equality Act 2010) as it applies to relationships, so that young people clearly understand what the law allows and does not allow, and the wider legal implications of decisions they may make.

94. This is a really important piece of information and one which can sometimes be misunderstood, especially by teachers in diocesan schools. As Catholic schools we have

the right to teach about our faith perspective, and indeed we must ensure that our students receive the teaching of the Church on matters relating to sexuality and gender in full. Sometimes teachers can feel that the law does not allow us to do this. This is not the case.

ONGOING GOVERNMENT REVIEW OF RELATIONSHIPS, SEX AND HEALTH EDUCATION

95. Over recent months there has been a great deal of coverage in the media about issues which have arisen in some schools regarding the teaching of RSHE. Examples of this include the use of resources which have not been age-appropriate and which are sometimes promoted by organisations with a political or ideological agenda. On 31 March 2023 the DfE announced a review of the statutory guidance on RSHE. The reasons given for this were as follows:

RSHE is an important part of the curriculum, and this review will ensure it is being taught appropriately. We are putting together an expert panel that will inform the review and will advise on how to put in place protection from pupils being introduced to things that they are too young to understand properly. The panel will also consider how age ratings can be introduced for different parts of the curriculum.

96 The review was completed by the end of 2023 and a consultation on updated statutory guidance is now taking place. The NRCDES will continue to monitor developments in this area.

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OFSTED REQUIREMENTS

Principle

97. All schools must ensure that students develop an understanding of the world in which they are growing up in and that they learn to live alongside and respect a diverse range of people. In terms of the protected characteristics schools must teach the legal basis for these and that all people should be respected. However Catholic schools may also teach the tenets of the Catholic faith in relation to these.

Overview

98. There can sometimes be a fear that Ofsted will look negatively on the approach taken to RSHE in Catholic schools; this is unfounded It is made clear that the teaching of a particular faith can be delivered to students in school but that, in addition to this, the legal requirements of the RSHE guidance must also be taught.

99. Appendix 3 of this document contains all of the relevant sections regarding LGBT content and protected characteristics from the School Inspection Handbook (September 2023) in full. In addition to this Ofsted’s guidance on Inspecting teaching of the protected characteristics in schools was updated on 31 August 2023. Some excerpts from this document are included below. It is helpful to use the following statement as our starting point:

No matter what type of school they attend, it is important that all children gain an understanding of the world they are growing up in, and learn how to live alongside, and show respect for, a diverse range of people. When we inspect schools, we assess how well they equip children to do this.

100. This guidance is helpful and should inform our approach to teaching in all areas of the curriculum and should not be restricted to RSHE. It is also important to remember that while it is compulsory for schools to teach about LGBT content at secondary level; there is no legal obligation to do this at primary level:

• Primary schools – if a primary school does not teach awareness of and respect towards LGBT people this will not have an impact on the leadership and management judgement, as long as the school can satisfy inspectors that it has still fulfilled DfE statutory guidance. If it cannot do this, for example if it has failed to consult with parents, inspectors will consider this when making the leadership and management judgement.

• Secondary schools – if a secondary school does not teach awareness of and respect towards LGBT people it will not be meeting the expectations of the DfE’s statutory guidance.

101. Great attention should be paid to the paragraph below:

Schools can choose to teach the tenets of any faith on the protected characteristics. For example, they may explain that same-sex relationships and gender reassignment are not permitted by a particular religion. However, if they do so, they must also explain the legal rights LGBT people have under UK law and that this and LGBT people must be respected.

Additional information from this document can be found at Appendix 4.

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Part I V

APPENDICES

APPENDIX

1

RESOURCES TO SUPPORT CATHOLIC UNDERSTANDING OF THE HUMAN PERSON

102. The NRCDES commissioned a set of video resources entitled 'Being Human' from the Humanum Institute in March 2020. These resources provide a useful Introduction to Catholic understanding of the human person and were part of the NRCDES RSHE Toolkit. For further information about this, please contact the NRCDES.

• Pope Francis, Evangelii Gaudium , (2013)

• Pope Francis, Amoris Laetitia , (2016).

• Congregation for Catholic Education, Male and Female He Created Them: Towards a Path of Dialogue on the Question of Gender Theory in Education , (2019).

• Australian Catholic Bishops’ Conference, Created and Loved: a Guide for Catholic Schools on Identity and Gender, (2022).

• The Bishops' Conference of Scotland, Called to be Children of God: An Understanding of Gender Identity within Catholic Education , (2022)

• Archdiocese of Portland in Oregon, A Catholic Response to Gender Identity Theory: Catechesis and Pastoral Guidelines, (2023).

• Committee on Doctrine of the United States Conference of Catholic Bishops, Doctrinal Note on the Moral Limits to Technological Manipulation of the Human Body , (2023)

• Most Rev. Paul S Coakley, Archbishop of Oklahoma City, On the Unity of Body and Soul: Accompanying Those Experiencing Gender Dysphoria , (2023)

• Catholic Education Service, an agency of the Catholic Bishops’ Conference of England and Wales, Made in God’s Image

• Dicastery for the Doctrine of the Faith’s Declaration: Dignitas Infinita, (2024).

• Bishops’ Conference of England and Wales, Intricately woven by the Lord: A pastoral reflection on Gender by the Bishops of England and Wales (2024)

APPENDIX 2

LINKS TO SECULAR RESOURCES

103. The following secular resources provide helpful further information consistent with the Catholic principles set out above:

• The Cass Review, Final Report, April 2024.

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• Department for Education, Gender Questioning Children non-statutory guidance (draft), December 2023

• Bayswater Support Group – provides non-directive and evidence-based resources for the parents and families of gender questioning children

APPENDIX 3

OFSTED SCHOOL INSPECTION HANDBOOK (SEPTEMBER 2023)

104. The following extracts are taken from the most recent Ofsted Handbook:

221. All schools are also required to promote the spiritual, moral, social, cultural, mental and physical development of pupils at the school and of society; and prepare pupils at the school for the opportunities, responsibilities and experiences of later life.

252. During informal conversations with pupils, inspectors will ask them about their experiences of teaching, learning and behaviour in the school, including the prevention of bullying and how the school deals with any form of harassment and violence, discrimination and prejudiced behaviour, if they happen. Inspectors will ensure that all questions are appropriate.

253. During the inspection, it is important that pupils are able to express their views freely to inspectors … This is particularly important when inspectors ask pupils questions about safeguarding. Inspectors will, where relevant and practical, also try to ensure that they speak to at least some single-sex pupil groups to provide the opportunity for pupils to speak more freely about issues such as sexual harassment, online sexual abuse and sexual violence.

Evaluating behaviour and attitudes

289. The judgement focuses on the factors that research and inspection evidence indicate contribute most strongly to pupils’ positive behaviour and attitudes, thereby giving them the greatest possible opportunity to achieve positive outcomes. These factors are:

Creating an environment in which students feel safe, and in which bullying, discrimination, sexual harassment, sexual abuse and sexual violence – online or offline – are not accepted and are dealt with quickly, consistently and effectively whenever they occur.

Evaluating personal development

313. The curriculum provided by schools should extend beyond the academic, technical or vocational. Schools should support pupils to develop in many diverse aspects of life.

315. This judgement focuses on the factors that research and inspection evidence indicate contribute most strongly to pupils’ personal development. These include how the school:

Ensures that curriculum subjects such as citizenship, RE and other areas such as personal, social, health and economic education, and relationships and sex education, contribute to pupils’ personal development …

Develops pupils to become responsible, respectful and active citizens who are able to play their part and become actively involved in public life as adults

Through curriculum, assemblies, wider opportunities, visits, discussions and literature, develops and deepens pupils’

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understanding of the fundamental British values of democracy, individual liberty, the rule of law and mutual respect and tolerance

Promotes equality of opportunity so that all pupils can thrive together, understanding that difference is a positive, not a negative, and that individual characteristics make people unique. This includes, but is not limited to, pupils’ understanding of the protected characteristics and how equality and diversity are promoted

Ensures an inclusive environment that meets the needs of all pupils, irrespective of age, disability, gender reassignment, race, religion or belief, sex or sexual orientation, and where no discrimination exists, for example in respect of wider opportunities for pupils

Develops pupils’ characters, which we define as a set of positive personal traits, dispositions or virtues that inform pupils’ motivation and guides their conduct so that they reflect wisely, learn eagerly, behave with integrity and cooperate consistently well with others. This gives pupils the qualities they need to flourish in our society

316. We will expect the school’s relationships, sex and health education (RSHE) curriculum (and wider curriculum) to specifically address sexual harassment, online abuse and sexual violence. The curriculum should also address safeguarding risks (including online risks), issues of consent, and what constitutes a healthy relationship both online and offline. We will also expect schools to provide effective pastoral support. This includes being alert to factors that increase a child’s vulnerability, or potential vulnerability, such as mental ill health, domestic abuse, having additional needs, and being at greater risk of

exploitation and/or of feeling unable to report abuse (for example, girls, lesbian, gay, bisexual and transgender children).

324. Provision for the social development of pupils including developing their:

Use of a range of social skills in different contexts, for example working and socializing with other pupils, including those from different religious, ethnic and socio-economic backgrounds

Willingness to participate in a variety of communities and social settings, including by volunteering, cooperating well with others and being able to resolve conflicts effectively

Acceptance of an engagement with the fundamental British values of democracy, rule of law, individual liberty and mutual respect and tolerance of those with different faiths and beliefs. They will develop and demonstrate skills and attitudes that will allow them to participate fully in and contribute positively to life in modern Britain

325. Provision for the cultural development of pupils includes developing their:

Understanding and appreciation of the wide range of cultural influences that have shaped their own heritage and that of others

Understanding and appreciation of the range of different cultures in the school and further afield as an essential element of their preparation for life in modern Britain

Ability to recognize, and value the things we share in common across cultural, religious, ethnic and socio-economic communities

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Knowledge of Britain’s democratic Parliamentary system and its central role in shaping our history and values, and in continuing to develop Britain

Willingness to participate in and respond positively to artistic, musical, sporting and cultural opportunities

Interest in exploring, improving understanding of and showing respect for different faiths and cultural diversity and the extent to which they understand, accept, respect and celebrate diversity. This is shown by their respect and attitudes towards different religious, ethnic and socio-economic groups in the local, national and global communities

Separation by sex

355. Schools have an obligation not to discriminate against pupils on the basis of protected characteristics. It may be unlawful for schools to separate pupils on the basis of any protected characteristic such as sex, religion, belief or gender reassignment while at school, unless permitted by an exception under the Equality Act 2010, such as:

Positive action to alleviate a disadvantage associated with a certain characteristic, address the different needs of those with a certain characteristic or encourage participation in an activity where take up by those with a certain characteristic is low (section 158). This could for example, include pupils of one race or sex getting additional work experience in a sector in which they are under-represented, or separating the pupils by sex for teaching in subjects if the school has evidence that this improves academic outcomes. Any positive action must be proportionate

In relation to separation by sex in competitive sport, games or other competitive activities in which physical

strength, stamina or physique are significant factors in determining success or failure. A school is allowed to organize separate events for boys and girls (section 195)

356. If an inspector finds any evidence of potentially less favourable treatment because of a protected characteristic, they will contact the duty desk and must take legal advice. If complex issues mean that advice takes longer than anticipated, we may pause the inspection until the advice has been received.

357. It would be for a court to decide whether a school is in fact unlawfully discriminating against its pupils. However, if inspectors consider that there is sufficient evidence to support such a conclusion, they will write about this clearly in the inspection report. The separation may have an impact on the school’s grade:

A school is unlikely to be judged as good or outstanding in leadership and management if inspectors consider there is sufficient evidence to support a conclusion that it is separating pupils in a potentially unlawful way

If the school has genuine and imminent plans to reintegrate pupils, a judgement of requires improvement will normally be appropriate

In other cases, the grade will likely be inadequate for leadership and management

Inspecting the teaching of the protected characteristics

359. How a school meets the expectations of the DfE’s statutory guidance on relationships education contributes to the leadership and management judgement. If a primary school does not teach about lesbian, gay and

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bisexual relationships, this will not have a detrimental impact on the leadership and management judgement as long as the school can satisfy inspectors that it still has fulfilled the requirements of the DfE’s statutory guidance. If it cannot do this, for example, if it has failed to consult with parents, inspectors will consider this when making the leadership and management judgement. Similarly, if a secondary school has not fulfilled the requirements of the DfE’s statutory guidance, for example if it has failed to consult with parents, inspectors will also consider this when making the leadership and management judgement. In those circumstances, the school will not ordinarily receive a judgement for this better than requires improvement.

360. If a secondary school does not teach about lesbian, gay and bisexual relationships, it will not be meeting the expectations of the DfE’s statutory guidance. Inspectors will consider this when making the leadership and management judgement. In those circumstances, the school will not ordinarily receive a judgement for this better than requires improvement.

APPENDIX 4

INSPECTING TEACHING OF THE PROTECTED CHARACTERISTICS

105 No matter what type of school they attend, it is important that all students gain an understanding of the world they are growing up in, and learn how to live alongside, and show respect for, a diverse range of people. When schools are inspected there is an assessment as to how well they equip students to do this.

106. Inspectors will gather evidence on how schools promote equality and students’

understanding of the protected characteristics. They will use this evidence as part of evaluating and coming to judgements on:

• the personal development of students;

• the effectiveness of leadership and management.

107. If inspectors identify at inspection that a school is not teaching about all the protected characteristics they will always report on this and will explain how (if at all) it has affected the school’s inspection judgements.

Personal development

108. All primary and secondary schools should be able to demonstrate that no form of discrimination is tolerated and that students show respect for those who share the protected characteristics. Schools will not be able to demonstrate this by pointing to a general policy of encouraging respect for all people.

109 If a school does not promote students’ awareness and understanding of all the protected characteristics effectively this may result in a requires improvement judgement for personal development. This is especially likely if inspectors identify one or more other weaknesses in the school’s promotion of and provision for students’ personal development.

110. The DfE’s statutory guidance on RSHE outlines what schools must teach at certain points in the curriculum. It states that schools are not required to teach about all the protected characteristics in every year group; that it is a matter for the school to decide, and how it plans its curriculum. However the curriculum should be planned and delivered so that students develop age-appropriate knowledge and understanding during their time at the school. In secondary schools this includes age-appropriate knowledge of the protected characteristics of sexual orientation and gender reassignment. There are a range

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of ways schools can choose to teach these issues in an age-appropriate way. Primary schools could, for example, teach students about the different types of family groups that exist within society. Secondary schools could, for example, teach students in more detail about sexuality and gender identity as well as the legal rights afforded to LGBT people. Teaching on these matters should be integrated appropriately into the curriculum rather than addressed separately or in one-off lessons.

Inspections where there is no personal development judgement

111. Here, if inspectors find evidence that a school does not promote students’ awareness and understanding of all the protected characteristics effectively, they may recommend that the school’s next inspection be a graded (section 5) inspection.

Leadership and management

112. How a school fulfils its statutory duties, for example under the Equality Act 2010, forms part of the evidence that inspectors use to evaluate the school’s leadership and management. If schools do not follow parts of the DfE’s statutory guidance that state they should (or should not) do something, they will need to have good reasons for this.

113. The DfE’s statutory guidance requires that all schools must:

• Comply with the relevant provisions of the Equality Act 2010 including that they:

o Must not unlawfully discriminate against students by treating them less favourably because they have one or more of the protected characteristics.

o Must make reasonable adjustments to alleviate disadvantage, for example, by taking positive action to deal with particular disadvantages affecting a group because of a

protected characteristic. The statutory guidance gives the example of taking positive action to support girls if there is evidence that they are being subjected to sexual harassment.

114. The DfE expects secondary schools to teach awareness of and respect towards LGBT people and encourages primary schools to do so.

Faith teachings on protected characteristics

115 Schools can choose to teach the tenets of any faith on the protected characteristics. For example they may explain that same-sex relationships and gender reassignment are not permitted by a particular religion. However if they do so, they must also explain the legal rights LGBT people have under UK law and that this and LGBT people must be respected.

APPENDIX 5

GLOSSARY

116. Gender refers to the socially constructed characteristics generally associated with women and men. It varies over time and across different societies but is usually tied (more or less strongly) to biological sex characteristics.

117 Gender dysphoria is clinically significant distress or impairment of function experienced due to a discrepancy between a person’s perception of their gender and their biological sex (see the Diagnostic and Statistical Manual of Mental Disorders 5th edition (DSM-5-TR), produced by the American Psychiatric Association in 2022). A diagnosis of

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gender dysphoria is required in order for an adult over the age of 18 to obtain a Gender Recognition Certificate under the Gender Recognition Act 2004.

118 Gender-questioning/nonconforming refers to a person who is gender-questioning or non-conforming is processing, questioning or exploring how they want to express their gender, and may not experience any distress about this.

119. Gender fluid is a term used to describe an experience of gender that is not fixed, but changes between two or more identities. Other similar terms include genderqueer or nonbinary, which is used to describe an experience of gender that is neither masculine or feminine.

120. Gender identity is a term to describe a person’s self-identification and expression of their gender. This may or may not fit established gender norms, and where it does not people can face stigma, discrimination or social exclusion. This term originates from social theory, rather than medicine, and is a highly contested and political concept.

121. Gender identity disorder the International Classification of Diseases 10th edition (ICD-10) described gender identity disorder as a mental disorder characterised by a person having strong and persistent crossgender identification (such as stating a desire to be the other sex or frequently passing as the other sex) coupled with a persistent discomfort with his or her own sex, manifested in adults as, for example, a preoccupation with altering primary and secondary sex characteristics through hormonal manipulation or surgery.

122 Gender incongruence the ICD-11, published in 2022, no longer includes gender identity disorder as a mental disorder, and now describes gender incongruence under the category ‘conditions related to sexual health’ as a condition characterised by a marked and persistent incongruence between an

individual’s experienced gender and the assigned sex. The ICD-11 clarifies that gender variant behaviour and preferences alone are not a basis for making the diagnosis.

123 Intersex describes a person who has a congenital condition affecting the reproductive system, in which development of chromosomal, gonadal, or anatomical sex is atypical, is sometimes referred to as ‘intersex’. These conditions are now more often and more accurately referred to as differences in sex development (DSD) or variations in sex characteristics (VSC). This is a distinct and different issue from being transgender.

124. Sex refers to a person’s biological sex – either male or female – and cannot be altered. In the Equality Act 2010 it refers to legal sex, which is the same as a person’s biological sex except where they have been issued a Gender Recognition Certificate under the Gender Recognition Act 2004.

125. Transgender (or sometimes trans) is an umbrella term for people whose perception and expression of their gender differs from their biological sex observed at birth. Trans persons may or may not wish to undergo medical or surgical treatment. The term ‘cisgender’ is used by some people to describe a person whose perception and expression of their gender is the same as their biological sex, but others find this unhelpful or offensive.

126 Transsexual is an older term which is used in the Equality Act 2010. It is still used by some people but considered offensive and/or outdated by others. It refers more narrowly to a person with the desire to live and be accepted as if they were a member of the opposite sex. It is usually accompanied by a wish to alter the person’s physical appearance to make it more consistent with that desire, including medical or surgical treatment.

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REFERENCES

1 Cf Catholic Bishops’ Conference of England and Wales, Statement on Gender (2018); Catholic Bishops’ Conference of England and Wales, Intricately woven by the Lord: A pastoral reflection on gender (2024).

2 Cf Catechism of the Catholic Church 2358 (1992)

3 Cf Dicastery for the Doctrine of the Faith, Dignitas Infinita 55-59 (2024)

4 Pope Benedict XVI, Caritas in Veritate 1 (2009)

5 Cf Committee on Doctrine of the United States Conference of Catholic Bishops, Doctrinal Note on the Moral Limits to Technological Manipulation of the Human Body 2 (2023) Also cf Genesis 1:31; Psalm 19:1.

6 Pope Benedict XVI, Caritas in Veritate 48 (2009)

7 Cf Catechism of the Catholic Church 343 (1992); also Second Vatican Council, Gaudium et Spes 12 (1965)

8 Pope Francis, Amoris Laetitia 56 (2016)

9 ibid.

10 Pope Benedict XVI, Address to the German Bundestag (2011)

11 Congregation for the Doctrine of the Faith, Persona Humana 3 (1975)

12 Pope Francis, Amoris Laetitia 56 (2016)

13 International Theological Commission, Communion and Stewardship: Human Persons Created in the Image of God 6 (2004)

14 Pontifical Council for Justice and Peace, Compendium of the Social Doctrine of the Church 108 (2004); and Second Vatican Council, Gaudium et Spes chapter 1 (1965)

15 Pope John Paul II, Evangelium Vitae 34 (1995)

16 Australian Catholic Bishops’ Conference, Created and Loved: A guide for Catholic schools on identity and gender 4 (2022)

17 Catechism of the Catholic Church 2358 (1992)

18 Pontifical Council for Justice and Peace, Compendium of the Social Doctrine of the Church 121 (2004).

19 International Theological Commission, Communion and Stewardship: Human Persons Created in the Image of God 9 (2004)

20 ibid.

21 Pontifical Council for Justice and Peace, Compendium of the Social Doctrine of the Church 124-6 (2004).

22 Australian Catholic Bishops’ Conference, Created and Loved: A guide for Catholic schools on identity and gender 4 (2022)

23 Catechism of the Catholic Church 364 (1992)

24 Catechism of the Catholic Church 364-5 (1992)

25 Catechism of the Catholic Church 364 (1992)

26 Catholic News Agency, Pope Francis: Human ecology begins with accepting the body (2018)

27 Catechism of the Catholic Church 364 (1992); Dicastery for the Doctrine of the Faith, Dignitas Infinita 60 (2024)

28 Cass Review Final Report chapter 12, (2024)

29 Pope Francis, Amoris Laetitia 285 (2016).

30 Pope John Paul II, Gratissimam Sane 6 (1994).

31 Congregation for the Doctrine of Faith, Letter to the Bishops of the Catholic Church on the Collaboration of Men and Women in the Church and in the World 8 (2004)

32 Cf Dicastery for the Doctrine of the Faith, Dignitas Infinita 60 (2024)

33 Catechism of the Catholic Church 369 (1992)

34 Catechism of the Catholic Church 2393 (1992)

35 Pope Francis, Laudato Si’ 155 (2015); also cf. Pope Francis, Amoris Laetitia 285 (2016).

36 Pope Francis, Laudato Si’ 155 (2015).

37 ibid.

38 ibid. Also cf. Pope Francis, Amoris Laetitia 285 (2016).

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39 Pope Francis, Amoris Laetitia 286 (2016).

40 ibid.

41 International Theological Commission, Communion and Stewardship: Human Persons Created in the Image of God 33 (2004).

42 Australian Catholic Bishops’ Conference, Created and Loved: A guide for Catholic schools on identity and gender 4 2022.

43 ibid.

44 Pope Francis, Amoris Laetitia 286 (2016).

45 Pope John Paul II, Evangelium Vitae 34 (1995).

46 Pope Benedict XVI, Homily at his Inaugural Mass (2005).

47 John 10:10.

48 The Bishops’ Conference of Scotland, Called to be Children of God: An Understanding of Gender Identity within Catholic Education 3 (2022)

49 Pope Francis, Amoris Laetitia 285 (2016).

50 Pope Francis, Evangelii Gaudium 169 (2013).

51 Pope Francis, Evangelii Gaudium 172 (2013).

52 ibid.

53 Cf Pope Francis, Evangelii Gaudium 171 (2013).

54 Cass Review Final Report recommendations 6 and 8 (2024).

55 Cass Review Final Report chapter 12 (2024).

56 Pope Francis, Amoris Laetitia 56, 285 (2016).

57 Pope Francis, Evangelii Gaudium 24 (2013).

58 Pope Francis, Amoris Laetitia 305 (2016).

59 Pope Francis, Amoris Laetitia 285 (2016).

60 Luke 24:13-35.

61 Congregation for Catholic Education, ‘Male and Female He Created Them’: Towards a path of dialogue on the question of gender theory in education 56 (2019).

62 ibid.

63 ibid.

64 Pope Francis, Evangelii Gaudium 170 (2013).

65 Archbishop Paul Coakley, On the Unity of Body and Soul: Accompanying Those Experiencing Gender Dysphoria (2023).

66 Congregation for Catholic Education, The Identity of the Catholic School 30 (2022)

67 Cf Ken Craycraft, The Catholic Problem with Pride Month in The Catholic Herald (2021)

68 Australian Catholic Bishops’ Conference, Created and Loved: A Guide for Catholic Schools on Identity and Gender (2022).

69 Scandinavian Bishops’ Conference, Pastoral Letter on Human Sexuality (2023).

70 Cf Department for Education Relationships and Sex Education Statutory Guidance paras 36-37 and pp 27-29 (2019).

71 Equality Act 2010, section 11.

72 Equality Act 2010, section 10; and Forstater v. CGD Europe [2022] ICR 1

73 Equality Act 2010, section 7.

74 Equality Act 2010, sections 85 and 89; Education Act 1996, sections 406-7.

75 Department for Education Guidance on political impartiality in schools, (2022).

76 Equality Act 2010, section 85(10).

77 Equality Act 2010, section 195, and schedule 23 paragraph 3

78 Equality Act 2010, section 149

79 R(TTT) v. Michaela Community Schools Trust [2024] EWHC 843

80 Human Rights Act 1998, section 6.

81 Education Act 2002, section 175.

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