Schools defy ministers to let children change gender behind their parents’ backs.

Primary school teachers are being told to allow children to change gender without informing their parents despite government guidance to the contrary, the biggest survey of its kind shows.

An analysis of more than 600 school equality and trans policies reveals that up to three-quarters misrepresent laws protecting sex and gender, with some implementing rules such as letting boys use girls’ toilets and changing rooms if they say they are a girl.

One trust, which includes a number of Church of England primary schools, has even advised teachers to assist girls using breast binders whilst on school trips and allow students to sleep in bedrooms which match their “gender identity”.

The policies remain in place despite long-awaited draft Government guidance published in December which states that schools should not accept all requests for social transition and should involve parents in any decision that is made.

Gillian Keegan, the Education Secretary, has told Parliament that teachers should be cautious about any any request to change gender and “parents should not be excluded from decisions taken by a school or college relating to requests for a child to ‘socially transition’.”

The analysis of more than 600 mainstream state schools across Devon and Cornwall found that 73 per cent and 62 per cent respectively are incorrectly representing equality laws.

The dossier, compiled by Protect and Teach, a network of women concerned about gender ideology in schools and shared with The Telegraph, was undertaken in the regions after research showed that they had some of the highest rates of referral to gender identity services in the country.

It comes just days before the expected publication of the Cass review into gender identity services for children, which has promised to consider the “important role of schools”. The interim report warned that changing a child’s name and pronouns is “not a neutral act”.

Amid growing concern about the role of teachers in the increasing number of children wishing to change gender, The Telegraph can now reveal the extent to which controversial trans ideology has become embedded in policies.

A number of the school policies analysed state that children “as young as five” can show signs of gender dysphoria and that biological sex “is assigned at birth, depending on the appearance of the infant”.

One leading grammar school defines sex as “a person’s understanding and experience of their own gender identity”.

The analysis shows that many of the school policies incorrectly represent the Equality Act, which lists nine characteristics which are protected from discrimination under law including sex, sexual orientation and gender reassignment.

The most common error was schools replacing the term “sex” with the term “gender”, which campaigners have warned dilutes protections including for single-sex spaces.

Public sector equality rules state that organisations “should not use concepts such as gender or gender identity, which are not encoded in the Act and can be understood in different ways”.

In response to the findings, MPs and campaigners called for the Government guidance to be made law so that schools which are “captured” by trans ideology are forced to comply.

The draft guidance is currently under consultation, and there are concerns that it could be ignored by schools, with unions telling teachers they do not have to follow it as it is not legally binding.

Miriam Cates MP, a former teacher, said: “This research is highly concerning as it shows that a significant proportion of schools still have policies that are consistent with neither the law nor safeguarding.

“To keep children safe adults must always know and be truthful about whether a child is male or female and any policy that allows or encourages teachers to ‘transition’ children is clearly wrong.”

The Government said that they have been “absolutely clear about the importance of biological sex” in schools and the importance of involving parents in any decisions about a child’s trans status.

Some policies have been published since December 2023, after the Department for Education (DfE) released its trans guidance consultation document and others are due to remain in place for a number of years.

Among the policies singled out for concern is that of An Daras Trust, which runs eight primaries in Devon and Cornwall – including two Church of England schools – and one pre-school.

In its LGBT+ policy, due for review in 2025, An Daras Trust says that staff should “not disclos[e] a person’s LGBTQ+ identity to any pupils, staff, parents or third parties without their permission” that any communication with parents “will only be undertaken with the pupil’s consent”.

Staff will use any name of the child’s choosing, including changing the register, and will “use their best endeavours” to ensure students can use toilets and changing rooms matching their “gender identity”, it says.

Any “transition care plans” will be made with the pupil who “may request that their parents are not involved”.

The policy adds that before any trips or overnight stays staff should “consider any additional general hygiene needs of trans pupils, including washing and reusing binders”.

“Sleeping arrangements will be established by trans pupils, the headteacher and the Trust pastoral team. Where possible, the Trust will ensure trans pupils are able to sleep in rooms appropriate to their gender identity,” the policy states.

The Trust states that it will use its “best endeavours to enable trans individuals to access the toilet and changing facilities (when available) that correspond with their gender identity”.

It gives an example of transphobia that could amount to harassment as “purposely using the incorrect pronouns”. It goes on to state that “any occurrence of prejudice-related bullying” will be passed to the headteacher who “will decide whether it is appropriate to notify the police.”

It comes after The Telegraph revealed earlier this year that a CofE primary school in the south east of England allowed a four-year-old boy to join as a girl despite concerns raised by other parents.

Breast binding is also noted in the policies of Education South West (ESW), which runs 15 academies including ten which cater for primary age children.

It notes that breast binding “can be hot, uncomfortable and restrictive but very important to their psychological and emotional wellbeing”. PE teachers are told to monitor students and “discretely” offer breaks from exercise in case the binder impairs breathing.

The school does not mention studies which have found that binding can cause pain, rib fractures, changes to the spine, headaches, respiratory and skin infections, and muscle wasting.

It tells teachers they must “validate the young person’s identity as it is now and support any changes that may arise as they come to explore their identity further”.

The policy continues: “ESW schools will respect the confidentiality of all transgender students and will not reveal sensitive personal information without prior agreement of the individual except to protect their vital interests, it continues”.

Ms Cates said: “Too many schools have swallowed activist interpretations of the Equality Act by falsely stating that ‘gender identity’ is a protected characteristic, which it is not.

“I hope once the consultation on the DfE’s Gender Questioning guidance is finished and the final document is published that schools will correct their policies but if this is not the case, then the guidance must be made statutory.”

Protect and Teach said that they were “really concerned” about the fact that children are being taught contested ideas about gender from primary school.

“Why are teachers creating uncertainty in children’s minds about sex and gender and why are they listening to the requests for transition from a child whose ideas change every day, even throughout the day?” one of the women behind the group said.

“We have seen the waiting list gender clinics and having looked at their policies we believe that schools are responsible for creating this demand. They have no idea about the long term damage that they are doing.”

A spokesman for ESW said that they were “delighted” to have finally received guidance from the Government on the issue and will be reviewing their policy when it expires in July in line with the recommendations from the Department of Education.

An Daras Trust did not respond to a request for comment.

A DfE spokesman said: “We are absolutely clear about the importance of biological sex, particularly in the context of safeguarding, and the role parents must play in decisions about their children.

“Schools and colleges are expected to follow all guidance issued by the Government, whether it is statutory or not.

“Our guidance is clear that in nearly every case schools should not support the social transition of primary aged children, including not using pronouns that do not align with the child’s sex.”