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# Good Law Project warns schools must not discriminate against trans pupils
- URL: https://www.scenemag.co.uk/good-law-project-warns-schools-must-not-discriminate-against-trans-pupils/
- Published: 2026-09-16T11:29:20.000Z
- Updated: 2026-09-16T11:30:28.000Z
- Author: Graham Robson
- Tags: Trans Rights

**Good Law Project** has warned that schools remain legally obliged to protect trans pupils from discrimination, despite new government guidance that came into force at the start of the academic year.

The campaign group says it is concerned that some schools could wrongly interpret the guidance, introduced on 1 September, as a requirement to restrict the rights of transgender children.

In a statement published this week, Good Law Project argued that the **Equality Act 2010** continues to provide legal protections for trans pupils and that schools could face legal challenges if new policies result in unlawful discrimination.

The organisation said both direct and indirect discrimination against trans children remain unlawful under equality legislation.

![](https://www.scenemag.co.uk/content/images/2026/09/nikolas-gannon-1gK_3UZzKbg-unsplash-2.jpg)

Unsplash

Direct discrimination occurs when a pupil is treated less favourably because of a protected characteristic, such as gender reassignment. Good Law Project said this could include situations where schools allow non-trans pupils to use preferred names while imposing additional barriers on trans children seeking similar recognition.

The group also highlighted concerns about indirect discrimination, where a policy applied to all pupils could disproportionately affect trans children. It cited examples including toilet access, changing facilities and gender-specific uniform rules.

Good Law Project is currently involved in legal action against a school over a uniform policy that requires girls to wear skirts and boys to wear trousers. The organisation argues that requiring a trans boy to provide medical evidence before being allowed to wear trousers may amount to unlawful discrimination.

The campaign group said schools must be able to demonstrate that any policies which disadvantage trans pupils are a "proportionate means of achieving a legitimate aim", a legal test required under the Equality Act when assessing potential indirect discrimination.

It also warned schools against policies that could inadvertently "out" transgender pupils to their peers or wider school communities.

"Schools do still have many choices," the organisation said. "They also have legal obligations not to discriminate against the trans children in their care."

[It’s still unlawful to discriminate against trans kids | Good Law ProjectBack at school, some trans kids and their families are being threatened with discrimination. But trans kids still have rights – and schools must protect them![](https://www.scenemag.co.uk/content/images/icon/cropped-favicon-270x270-8ef775d0-6a31-4a1a-a5f2-9677a6dfb2f7.png)Good Law Project![](https://www.scenemag.co.uk/content/images/thumbnail/GettyImages-2239765546-b2e49d1d-e24f-4fc2-9fcb-80b056e1f1b2.jpg)](https://goodlawproject.org/its-still-unlawful-to-discriminate-against-trans-kids/?ref=scenemag.co.uk)

Good Law Project is also supporting a school facing legal action over its trans-inclusive approach, arguing that schools should be able to make "sensitive and flexible decisions" that ensure trans pupils can access appropriate facilities while complying with equality law.

The intervention comes amid ongoing debate over how schools should implement the government's guidance on gender-questioning children and transgender pupils.

Good Law Project said many trans young people and their families are feeling anxious about the changes, but stressed that schools remain subject to the Equality Act and must continue to consider the impact of their policies on trans pupils.

The organisation is encouraging families to ask schools how they have assessed the potential impact of new policies on transgender children and what steps they are taking to ensure pupils are protected from discrimination.