Education Adviser, Jo Perrin, discusses a recent query from a school regarding a school’s position on gender questioning and breast binders…

At Services For Education, our experienced Education Advisers always do what we can to support schools with their safeguarding concerns and queries. 

Recently a query came in from a school about a specific issue regarding a student who identifies as male but who was born female. 

It raised some interesting points, so we’ve written this blog to support other schools who may encounter similar situations. 

It is important to note that safeguarding is a complex and ever-changing topic and therefore, there is not always a clear or “right answer,” in fact, in many cases there is not one.  

Whilst we endeavour to support you in any way we can, even the most experienced safeguarding professionals will not, and should not, have a clear-cut answer for everything. 

What was the query?

The issue raised was about a child born female, who identifies as male, who – with parental support – was about to commence using breast binders.

According to Patient,‘Chest binding is something that is designed to minimise the appearance of a person’s breasts and create the appearance of a flatter chest. It is also known as breast binding’ (Patient, 2021).

The issue did not come from views at home, rather a staff member had been told by the child about their plan to use breast binders, and said staff member had concerns that this could constitute child abuse as a form of breast ironing/breast flattening.

What Does the Guidance Say? 

First things first, the draft version of the non-statutory guidance on gender questioning children came out in December 2023 – Gender Questioning Children – non-statutory guidance – and almost two years on we still don’t have the confirmed guidance.  

Following the CASS review it might well be subject to further change too.  

This means that schools are sometimes left without a clear understanding of how to frame conversations and whose views to support if there are conflicts.   

Plus, it is non-statutory anyway, so we also have to look at what the law says.  

Specifically, we look at the Equality Act 2010 and the Protected Characteristics, which safeguard those questioning their gender from discrimination.   

For schools we also look at the associated Public Sector Equality Duty. KCSIE 2025 is still awaiting the gender questioning guidance update, but currently relevant paragraphs are 85, 86, 205, 206 and 207 – use these to support any decisions you make. 

What was our response?  

Even for our experienced Advisers who are used to considering a range of niche safeguarding issues, this was a topic that hadn’t been raised before. 

Here are some considerations and reflections we had after doing our own research – to help you in case this ever comes up as an issue in your setting.

The issue of using breast binders is a tricky one safeguarding-wise. Binders are themselves not illegal.   

There has been criticism in the media for 3 (related) reasons:

Firstly, there was controversy surrounding the charity Mermaids who were (in the early 2020s) providing binders for children aged 13+ without parental consent.   

The Met Police were involved, with social care, in investigations about this.   

The lack of parental consent in these investigations may lead to some staff members debating these issues.  

As a setting, it’s best practice to discuss openly with staff any preferred language to be used and whether parents are fully supportive of any child who is socially transitioning.   

Secondly, there is debate about the potential medical problems binders can cause. 

This is separate to the discussion about consent, however it is used sometimes by the media in debates where all issues get conflated.   

A 2017 study led by Sarah Peitzmeier of the University of Michigan and published in the journal Culture, Health and Sexuality, observed almost 9 in 10 people experienced at least one negative effect from binding, and 8 out of 10 felt that it was important to discuss binding with a healthcare provider.   

One question for you to discuss in your setting if this situation arises, is whether the child and parent have sought medical support and advice – this should be strongly recommended. 

Thirdly, as briefly mentioned above, there is some safeguarding discussion around whether chest binding is a form of breast ironing/breast flattening which is a form of child abuse.   

No child can legally consent to their own abuse, so in the situation outlined, where both the child and parent consent, it’s a tricky situation to navigate.   

In 2022 the Crown Prosecution Service stated that breast ironing is an offence regardless of consent as it is not possible to consent to serious assault and the Met Police when approached at the time stated that whilst supplying a breast binder isn’t an offence, if a report came to police of someone using a breast binder or undergoing breast ironing, then the police and social services would investigate jointly.   

This statement did not help to clarify the difference between breast ironing and breast binding for social transition.   

Breast ironing is done without a child’s consent being a factor (they may or may not consent – it is a societal practice supposedly to “protect” girls from unwanted sexual advances by making them appear younger for longer).   

It might be useful to discuss the differences with your staff.   

Equally it might be part of a wider discussion with any parents and children when this situation presents in your setting, to ensure they are aware of reasons some people may not support social transitioning in this way. 

Summary 

Whilst we await the new guidance on gender questioning children, there is no clear answer.   

There has been very little information in the press or safeguarding guidance since 2023 on this matter.   

However, continuing open discussions with both family and child in this situation, and discussing various viewpoints and legalities with your staff, is crucial in keeping everyone safe and informed. 

If you found this blog useful, you may also be interested in reading the following blogs:    

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Have you got a safeguarding-related issue/question that you’d like some support with?

Email safeguarding@servicesforeducation.co.uk and one of our advisers will get in touch as soon as we can with advice/resources to help.

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  About the Author

Jo Perrin - Interim School Support Lead,  Adviser, Services For Education

Jo Perrin is a seasoned Education Adviser with a strong background in safeguarding. She has held key roles as a Designated Safeguarding Lead and pastoral lead in the education sector. Facilitating training to enhance the knowledge and skills of professionals working directly with children and young people is her passion.

With a wealth of experience in teaching PSHE and expertise in childhood trauma from her time as a foster carer, Jo is dedicated to supporting organisations that work with children and vulnerable adults on safeguarding issues. She is actively involved in professional safeguarding groups in the West Midlands and is currently collaborating on a research project with colleagues from the University of Birmingham and the NHS focusing on FGM awareness within communities. Jo’s has worked as a West Midlands' Adviser for national PSHE resources, presented at the Sex Education Forum National Members' Event and authored an advertorial for PSM magazine and an article for SEND magazine.

Jo's expertise extends to training on topics such as Safer Recruitment and Mental Health at Work. She is also a facilitator for the nationally recognised NPQSL qualification, supporting senior leaders in education. Her contributions to publications and development of resources for RSE provision have been well-received by schools nationally and internationally.

With her extensive experience and dedication to professional development, Jo Perrin is a highly respected figure in the field of education. Her guidance on safeguarding, mental health awareness, personal development, and relationships education is highly valued within the industry.