There was a split in the cabinet over trans-law reform

The problem of boys identifying as girls using girls' toilets is one of several issues that need to be addressed

There is a split in the cabinet on trans politics after it came out Kemi Badenoch doesn't think the law needs to change to prevent children from changing gender in schools.

In July, Attorney-General Victoria Prentice said the government would have to change the law to include so-called «social transition» in the ban because gender reassignment is a protected characteristic under the Equality Act.

Social transition is when those who identify as trans are expected to wear the uniform of the opposite gender and require others to call them by the opposite gender pronoun.

But the Telegraph understands that Ms Badenoch, the equalities minister, believes that schools can be given recommendations without such legislation.

The question of whether legislation is needed has delayed the introduction of guidelines for schools, leaving them in limbo over whether they could prevent boys who identify as girls from using girls' toilets or joining girls' sports teams.

Rishi Reported , that Sunak is even considering scrapping the ban on social transition entirely, fearing that the Tory split on the issue will be exposed in the House of Commons if the legislation is attempted.

«Parents are deeply concerned about social transition»

On Thursday night MPs and campaign groups called on the Government to go ahead and issue the recommendations without changing the law.

Helen Joyce, advocacy director of gender-critical group Sex Matters, said the Government did not need any new law to give schools simple and clear instructions based on the obvious fact that children cannot change gender.

“Any pretense in a school environment that a child has changed gender will inevitably mean that the school is not fulfilling its statutory responsibilities, in particular those related to safeguarding.”

Conservative MP Danny Kruger said: “Parents are in my district are deeply concerned about the practice of «social transition» — in schools the treatment of boys and girls, or vice versa, without parental consent.»

«For the sake of all children, including those who do not know their identity.

“Students should be treated according to their biological sex. If parents are happy to treat their child differently at home, that is their business — they should not insist that teachers and all other children do the same.

“I believe that most parents of confused children would welcome this rule. Identity is a minefield and many children are under deep stress. But the most important identity we need to maintain is that of responsibility. Can adults be adults please?»

Plans to change the law could be delayed until next summer

Miriam Cates, another Conservative party member, said: «I continue to push for leadership that makes it clear that schools do not have the power to carry out the “social transition” of children.

“I agree with Sex Matters – we should not need to change the law to create such guidelines. In fact, schools are required by law to recognize and record biological gender, which is important for its protection. There is no legal provision for the treatment of girls and boys in schools.

“This is not about parental consent or “goodness”: this is about whether the state should, through schools, promote a contested ideology that harms children and lies to them. Protecting children from indoctrination is clearly an important foundation of a democratic society.»

On Thursday it emerged that plans to change the law protecting women-only venues could be delayed until next summer.

p>The Cabinet Office has applied for a civil servant to «consider the issue of whether and how the Equality Act 2010 can be legislatively changed.»

Campaigners say the Equality Act needs to be changed to make it clear that «sexual discrimination» in the law refers to biological sex , and not to the gender with which a person may identify.

They say it will make it easier to end your biological sex. men can use women's restrooms or locker rooms, have the opportunity to join women's rape support groups, and participate in women's sports.

The job posting says the civil servant will be responsible for a «complex legislative project,» and that it should be completed no earlier than July 2024.

No10 cannot guarantee when the trans guidance will be published

Maya Forstater, also from the Sex Matters group, said: «We're very encouraged that the government is giving this proposal serious consideration and investment.»

«It's important that they consult, but it needs to be done . with urgency. It only takes one change in the law and we think it can be done before the next election if they act quickly now.”

Number 10 on Thursday failed to guarantee long-awaited trans guidance for schools would be published before the election.

The Prime Minister's official spokesman said it was still being developed as ministers needed more information about «long-term the consequences of a child acting as if he is of the opposite sex.»

Asked whether the guidance could be published before the next election, he replied: «I'm not going to put a specific time frame on this, not at the last queue because I don't know when the next election will be.»

The comment from Downing Street made it clear that the entire leadership — including on issues such as whether a biological boy can use toilets for girls or playing on their sports teams — could be put on hold until after the election.

But another government source said guidance on this aspect was expected to be published in the coming weeks.

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Education Secretary Gillian Keegan initially said the document would be published in time for the summer term.