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18 February 2026
Issue: 8150 / Categories: Legal News , Education , Equality
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Clarity on gender questions in schools

Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said

The draft Department for Education (DfE) guidance, issued last week, updates the established statutory safeguarding guidance schools are expected to follow, ‘Keeping children safe in education’. The consultation, which covers single-sex spaces, sports and best practice support, ends on 22 April.

Philip Wood, principal associate at Browne Jacobson, said: ‘It remains a contentious area and may be subject to challenge in the courts.

‘Additionally, the High Court is due to release a decision on a judicial review into the Equality and Human Rights Commission’s previous guidelines on the use of workplace toilets by trans employees, and this ruling may also have consequences for schools, where similar rules apply. In a section on social transitioning, the draft guidance reflects the Cass Review into NHS gender identity services for children and the need for education providers to proceed with caution, especially for younger children.’

Issue: 8150 / Categories: Legal News , Education , Equality
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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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