Education unions, children’s rights groups and LGBTQ+ organisations have urged Northern Ireland’s Education Minister, Paul Givan, to reinstate guidance on supporting trans and gender diverse students. The DUP politician said the document had been produced in response to “the kind of activist campaigns that were being pursued by a minority”, and he did not believe it was lawful.

This comment likely refers to the UK Supreme Court decision in April regarding the definition of ‘woman’. However, Givan’s department has been criticised for moving forward with the removal of the Education Authority’s 2019 guidance while the Northern Ireland Equality Commission awaits a declaration from the High Court over how to apply the ruling.

Vice-Chair of NIC-ICTU’s Education Group, Susan Neill, responded, “Given the legal uncertainty as to how the Supreme Court judgement applies to Northern Ireland’s devolved institutions, we believe that this is at best a premature move on the part of a Minister who would be better to focus on delivering educational outcomes for every child in every school across Northern Ireland.”

Neill added, “We urge the NI Assembly Education Committee to seek the legal basis for the Minister’s decision, and to seek the restoration of the guidance to the EA website.”

Furthermore, 15 groups have issued a statement urging the minister to reinstate the document. 

“We the undersigned LGBTQIA+, human rights organisations and education unions are disappointed and concerned by the Education Minister’s decision to remove guidance which provided information to schools in relation to supporting transgender and gender diverse pupils,” they wrote.

“Transgender young people in school are entitled to compassion, acceptance and support. The removal of guidance for supporting these young people, with no replacement guidance, is a step back for those young people struggling in school, as well as their parents and teachers seeking to support them.”

The groups explained that the Education Authority’s document was “non-statutory and non-binding”, and that each school could support students in a manner that worked best for them.

“The Department’s own 2017 research identified that appropriate access to toilets, changing facilities, and flexibility with uniform policies were key issues trans young people faced, and the key issues that caused over half of LGBT pupils to not feel supported in schools.

“The Minister has clearly misunderstood that to consider children’s best interests is to consider the best interests of each individual child, including children and young people who are developing their own understanding of their identity. We are in no doubt that his decision will have direct consequences for pupils. It will affect their ability to fully participate in school life, to thrive in their educational environment, and will have knock-on impacts on other services including CAMHS.”

The statement concluded by stressing, “The Minister has a responsibility to prioritise the education and wellbeing of all pupils over stoking political culture wars. We call on him to reinstate this guidance and to meaningfully engage with the young people, parents and school staff this directly affects.”

The signatures include: The Rainbow Project; GMB; Children’s Law Centre; Irish National Teachers’ Organisation (INTO); NUS-USI; National Association of Head Teachers (NAHT); Here NI; NASUWT; Cara-Friend; Northern Ireland Public Service Alliance (NIPSA); Youth Action; Prospect; Children in Northern Ireland (CiNI); Unison; and Ulster Teachers’ Union (UTU).

Alongside removing the guidance on supporting trans people, Northern Ireland’s Department of Education has also removed its 2017 research on the experiences of LGBTQ+ pupils. Alexa Moore from The Rainbow Project said it was “a little bit strange” that both resources were deleted from the department’s website at roughly the same time.

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