Respond to the consultation on guidance for schools

The Equality and Human Rights Commission (EHRC) has published new draft technical guidance for schools. It is asking whether the guidance clearly and accurately explains schools’ duties under the Equality Act 2010. It does not. Christians involved in education should read it and respond to the consultation, highlighting the concerns it raises.

The deadline to respond to the consultation is Wednesday 30 September 2026.

Importance

The guidance is important because, although it is not a statutory code, the EHRC says it may be used as evidence in legal proceedings, as it has been in the past. Our cases such as those of Bernard Randall, Kristie Higgs, Nigel and Sally Rowe and Felix Ngole stand out in this regard.

Please read the guidance relevant to your nation and respond. The demonisation of Christian belief evident in this document must not be allowed to stand. Tell the EHRC what you have witnessed in your own school, whether as a teacher, governor, parent or pupil. Ask it to provide positive Christian examples, reflect Higgs and Ngole accurately and protect schools from being pushed towards increasing prejudice against Christians.

We suggest that you prepare yourself by following the steps below.

The guidance is similar for England, Wales and Scotland with a separate survey to complete for each nation (England; Wales; Scotland). The link to all the surveys can be found here. Please respond by Wednesday 30 September

1. Read at least the key sections of the draft guidance for your nation, especially the examples given.
2. Open the relevant EHRC consultation survey.
3. Respond in your own words.
4. Use the suggestions below as a framework.
5. Include personal experiences from schools wherever relevant.
6. Keep comments concerned, specific and focused on the accuracy and balance of the guidance.

The EHRC explain that the consultation is open to anyone aged 16 or over, including parents, teachers, school leaders, governors and people representing pupils with protected characteristics. The religion of Christianity is a protected characteristic and therefore your views are important.

Preliminary Questions

Complete the opening questions honestly, confirming that you are responding to the correct survey, wish to participate, are aged 16 or over, and have read the guidance. Select the response category that genuinely reflects your position and knowledge, such as an individual, education professional, legal professional or organisation. Respond only in your own capacity or as part of an organisation which permits you to do so.

‘Missing Protected-characteristic Information’ Questions

We suggest you say ‘Yes’ to there being information missing regarding:

• Gender reassignment
• Religion or belief
• Sexual orientation

For other characteristics, answer according to your knowledge and experience. You will then see the following in a pattern mirrored throughout the survey: “Tell us more about your response. For example, what protected characteristic information is missing from the guidance? Your response must be fewer than 2000 characters.”

We suggest you cover several of the following in your own words:

• The guidance does not adequately explain how schools should balance religion or belief with gender reassignment and sexual orientation and discriminates against Christian belief.
• It contains several examples in which traditional religious beliefs, particularly Christian beliefs about sex and marriage, appear principally as sources of prejudice or conflict. This is prejudicial in itself.
• It should include positive examples in which Christian pupils, parents and staff are protected and accommodated. Cite your own examples.
• The guidance should also distinguish more carefully between identifying as transgender and meeting the statutory definition of gender reassignment in section 7 of the Equality Act.
• It should acknowledge areas of uncertainty concerning the age of competence, the levels of damage caused by social transition, safeguarding issues and the importance of parental involvement.
• Sexual-orientation protection should not be framed only through LGBT identity or an affirming worldview. The guidance should recognise the diversity of people’s experiences and beliefs, and give examples where Christians would be protected.
• Briefly explain from your personal experience any occasion when Christian beliefs were dismissed, stereotyped or treated as less deserving of protection within a school.

‘Clarity of the Guidance’ Questions

“Does the guidance clearly explain the important concepts in the Equality Act 2010, such as protected characteristics, discrimination, harassment, and victimisation?”

You should answer ‘No’.

“Tell us how we could improve the way we define important concepts in the guidance. Your response must be fewer than 2000 characters:”

We suggest you cover several of the following in your own words:

• The guidance should reflect Higgs v Farmor’s School more accurately.
• Paragraphs 3.39 to 3.42 appear to place more emphasis on when schools may restrict Christian expression than on the strong protection afforded to religious and political speech.
• Paragraph 3.42 uses an exceptionally hostile statement as its main illustration of Christian or religious expression. This risks leading schools to associate orthodox beliefs about marriage, sex and gender with hatred.
• The guidance should explain that disagreement, offence or a complaint from a third party is not sufficient to justify less favourable treatment. Conduct must be objectively objectionable, and any response must be proportionate.
• The guidance should also reflect Ngole v University of Sheffield, which confirms that Biblical beliefs about sexuality and their lawful expression are protected and are not inherently discriminatory.
• Describe from your personal experience any situation in which a school treated a respectful Christian statement as equivalent to harassment or hatred. Use the case of Bernard Randall if you wish to.

Clarity Concerning Schools’ Responsibilities Question

We suggest you answer ‘No’, in that the explanation is not clear for:

• Admissions
• Provision of education, benefits, facilities and services
• Exclusions
• Exceptions applying to schools

Answer the disability and positive-action questions according to your own assessment.

“Tell us how we could explain schools’ responsibilities under the Equality Act 2010 more clearly. Your response must be fewer than 2000 characters:”

We suggest you cover several of the following in your own words:

• The guidance needs a clearer account of competing rights.
• Paragraphs 3.42, 4.22 and 5.114 place religious beliefs in contexts associated with hostility towards homosexuality. Taken together, these examples risk portraying Christian belief as inherently problematic.
• Paragraph 4.22 (4.18 in the Scottish guidance) describes a religious school whose website indicates that it “does not tolerate homosexuality” but does not distinguish hostility towards people from a school lawfully explaining its religious doctrine and ethos. (Note: Paragraph 4.22 appears in the admissions chapter, while the uniform example appears in Chapter 5.)
• Positive examples should show faith schools expressing their beliefs about marriage and sexuality while treating every pupil with dignity.
• Paragraph 5.20 suggests that uniform policies may need alteration for a pupil with the protected characteristic of gender reassignment.
• The guidance should explain the precise legal basis, the section 7 threshold, and the need to consider sex, safeguarding, parents and the rights of Christian pupils holding protected beliefs.
• Explain from your personal experience how unclear advice about toilets, uniform, pronouns, RSE or school ethos has affected your school community. Reference the new KCSIE guidance should you wish to.

‘Public Sector Equality Duty’ Questions

“How clearly does the guidance explain the duties that the Public Sector Equality Duty (PSED) places on schools?”

We suggest you reply, “Not very clearly.”

“How could we improve the explanation of the PSED in the Technical guidance for schools in England? Select all that apply.”

We suggest you select ‘Other’ and cover in your own words in the space provided:

• The guidance should provide examples of fostering good relations between pupils with different protected characteristics. This must be reciprocal.
• It should not be interpreted as requiring Christian pupils to affirm beliefs about sex or gender that conflict with their faith.
• Schools should assess the effect of LGBT inclusion initiatives, such as Pride events or library book and curriculum choices, on pupils with protected Christian beliefs.
• They should accommodate respectful disagreement and avoid describing Biblical teaching as harmful merely because it is contested.
• Give an example from personal experience of an equality initiative in a school that invited affirmation and promotion rather than respectful disagreement. Use the case of the Rowes or Izzy Montague, if you do not have one.

Definition of “School” Question

“In the Technical guidance for schools in England, we define schools as follows:”

We suggest you answer ‘No’ to their definition of school and ‘Other’ for “What would make the definition of schools more accurate? Select all that apply”.

“Tell us more about your answer. Your response must be fewer than 2000 characters:”

If you wish to, we suggest you cover that the guidance should make clear that its list is a drafting convention for the purposes of the document, not a single statutory definition of “school”. Special post-16 institutions and specialist colleges may be treated differently under education and SEND legislation.

Equality Act and Legal Questions

“Does the guidance clearly explain who has legal obligations under the Equality Act 2010?”

We suggest you say ‘Yes’.

“Should the guidance provide more clarity on any of these topics? Select all that apply.”

We suggest you select:

• After-school clubs
• Work experience
• Other relevant areas based on your experience

We suggest you cover in your own words in the space provided:

• The guidance should contain examples involving Christian Unions, prayer groups and faith-based clubs. These groups should have equal access to rooms, publicity and staff support.
• Work-experience guidance should address situations in which Christian pupils are pressured to conceal or renounce beliefs about sex, marriage or gender.
• From your personal experience mention any faith group denied facilities, or any work placement in which a pupil’s beliefs created difficulty.

Note: Chapter 5 confirms that the schools’ provisions can cover work experience, after-school clubs and extracurricular activities.

“Does the guidance take account of the law in relation to schools as the law applies for the start of the 2026 / 2027 academic year?”

We suggest you answer ‘No’.

“Tell us more about your answer. Your response must be fewer than 2000 characters”

We suggest you cover in your own words:

• The guidance does not give sufficient weight to Higgs v Farmor’s School or Ngole v University of Sheffield.
• It should emphasise the high threshold for restricting protected religious expression.
• It also uses terms such as “trans pupil” or “trans child” without consistently explaining that the guidance defines “trans” by reference to the statutory characteristic of gender reassignment, rather than self-identification alone.
• Examples concerning social transition should acknowledge legal and policy uncertainty, safeguarding and the importance of parental involvement as cited in Keeping Children Safe in Education 2026.
• The guidance should not turn a contested approach into an apparent legal obligation.
• The draft defines “trans” as referring only to someone who falls within the Act’s definition, but the examples will leave schools uncertain about how that threshold is established in practice.

‘Guidance Examples, Breadth and Depth’ Questions

Suggested selections:

• The examples are helpful: Strongly disagree
• The guidance needs more examples: Agree
• The examples are realistic: Strongly disagree
• The examples are accurate: Strongly disagree

“Tell us how we could improve the examples used in the guidance. Your response must be fewer than 2000 characters:”

We suggest you cover in your own words:

• The examples need much greater balance with regard to Christian belief.
• Paragraphs 3.42, 4.22 and 5.114 repeatedly connect religious belief with hostility to homosexuality. Christianity is too often presented as a source of conflict, while other religions are more commonly shown through sympathetic examples of observance and accommodation.
• Add examples involving: A Christian pupil respectfully stating that human beings are male and female; A teacher being protected after expressing a lawful Christian belief about marriage; A Christian Union or prayer group receiving equal treatment to LGBT groups; A school protecting a Christian pupil from ridicule when inarticulately expressing their belief; A Christian school explaining its ethos positively without rejecting or mistreating any pupils; A school balancing pronoun requests with another pupil’s protected belief to disagree with gender ideology.
• Describe which of these situations most closely resembles something you have encountered in your personal experience.

‘Is Information Missing’ Question

We suggest you answer either:

• Yes, some information is missing, or
• Yes, there is a lot of information missing, if that is your considered view

“Tell us what information should be added to the guidance. Your response must be fewer than 2000 characters:”

We suggest you cover in your own words:

• More information is needed about the protection of Christian pupils, parents and staff; recent freedom-of-expression case law; prayer groups and school societies; work experience; safeguarding; parental involvement; social transition; toilets, changing rooms and overnight accommodation.
• The guidance should explain that the Equality Act creates no hierarchy of protected characteristics. Schools must balance rights fairly rather than treating affirmation of gender identity or sexual orientation as the automatic outcome.
• Identify from your personal experience the missing subject that has caused the greatest difficulty in your school.

‘What Other Support Should the EHRC Offer’ Question

“Tell us what other support we could offer to help schools understand and comply with the Equality Act 2010. Your response must be fewer than 2000 characters:”

We suggest you cover in your own words:

• The EHRC should produce balanced training materials and case studies for teachers, governors and school leaders. These should include positive Christian examples and practical guidance on resolving conflicts between religion or belief, sex, sexual orientation and gender reassignment.
• Training should distinguish legal requirements from recommended practice and from disputed ideological positions. It should clearly address safeguarding, parental responsibility and respectful disagreement.

‘Actions Following the Final Guidance’ Question

“What actions might you or your organisation take in response to the finalised Technical guidance for schools in England? Select all that apply.”

Select only actions that genuinely apply to you. As an individual supporter you might choose:

• Review school policies, practices and facilities
• Update policies
• Raise the final guidance with governors or school leaders
• Use it when responding to a school consultation
• Seek advice where a policy appears discriminatory

“Tell us more about your response. For example, which policies, practices or training will you change and how? Your response must be fewer than 2000 characters:”

We suggest you cover, where relevant and in your own words:

• I expect to use the final guidance when considering school policies on religious expression, RSE, uniform, pupil groups and questions concerning sex and gender.
• If the final version remains imbalanced, I will be concerned that schools may wrongly treat protected Christian beliefs as discriminatory and write to my local MP.
• Personally apply which policy or practice you expect to review.
• The EHRC should consult organisations with practical litigation experience in religion-or-belief cases, including cases such as Higgs and Ngole.

‘Accessibility and Use of the Guidance’ and Further Comments Questions

Answer the first set of questions honestly based on your own experience.

“Tell us about any further comments you have about the technical guidance for schools in England. Your response must be fewer than 2000 characters:

We suggest you cover in your own words and of the above points about which you are most concerned. They may include:

• Equality guidance should not reinforce stereotypes about Christianity.
• The repeated use of negative examples involving traditional religious beliefs, without equivalent positive examples, may encourage schools to view Christian pupils and staff as obstacles to inclusion.
• The Equality Act does not create a hierarchy of protected characteristics. The final guidance should reflect Higgs and Ngole, distinguish protected belief from genuinely objectionable conduct, and acknowledge uncertainty concerning children and gender reassignment.
• Please add positive examples showing schools accommodating Christian belief and protecting respectful disagreement.
• Conclude with a short, specific account from school life that demonstrates why these amendments to the technical advice matter.

General Reminders

• Be truthful and courteous.
• Use your own language.
• Refer to paragraph numbers relevant to your nation’s guidance wherever possible.
• Distinguish between criticism of ideas and treatment of individuals.
• Explain that every Christian pupil and staff member must be treated with respect.
• Emphasise that there should be no compelled agreement or affirmation.
• Include first-hand school experience wherever you can.

Please submit your response by Wednesday 30 September 2026.