Lesbian, Gay or Bisexual Children

Many parents feel worried, frustrated or uncertain when they believe a school is not responding appropriately to concerns affecting their child. Issues can arise in relation to bullying, safeguarding, relationships education, school policies, access to curriculum materials, or the way a school handles complaints about unfair treatment or discrimination.

Understanding the rights of lesbian, gay or bisexual children

A child being lesbian, gay or bisexual is not, in itself, a safeguarding risk. However, lesbian, gay and bisexual children, and children perceived by others to be lesbian, gay or bisexual, can be particularly vulnerable to discriminatory bullying. Schools should recognise these risks, take proactive steps to prevent bullying and respond appropriately where concerns arise.

Schools must provide a safe and respectful environment for all pupils. They should comply with their obligations under equality legislation, promote respect and inclusion through relationships education, and ensure parents are properly informed and consulted on relevant policies. Schools should also be transparent about curriculum materials and respond appropriately where concerns are raised about bullying, discrimination or welfare.

Challenging unfair treatment of lesbian, gay or bisexual children

Parents may wish to challenge a school’s approach where a child is being bullied, isolated, treated differently, excluded from activities or disciplined unfairly because they are, or are believed to be, lesbian, gay or bisexual. Concerns may also arise where a school has failed to act on complaints, dismissed offensive language as banter, refused to share relevant policies or teaching materials, or not taken safeguarding concerns seriously.

The best way to challenge a school’s actions will depend on the circumstances. This may involve raising concerns directly with the school, reviewing policies and correspondence, pursuing a formal complaint or considering escalation options. Early legal advice can help you understand your child’s rights, assess whether the school has complied with its legal obligations, and take a clear, evidence-based approach to resolving the issue.

What are your rights?

You and your child may have important rights and protections, including:

• Protection from discrimination: Schools must understand and comply with the Equality Act 2010, including duties relating to protected characteristics such as sexual orientation and gender reassignment.
• Protection from bullying: Schools are expected to prevent and respond to bullying, including discriminatory bullying.
• A safe school environment: Schools should address the risk of bullying affecting lesbian, gay or bisexual children, including children perceived to be lesbian, gay or bisexual. Where there is bullying of children in schools, this may present as a safeguarding issue, which schools must respond to.
• Respectful relationships education: Pupils should learn about equality and respect and, by the end of secondary education, the law relating to protected characteristics including sexual orientation and gender reassignment.
• Appropriate primary school teaching: Primary relationships education should recognise that families take many forms, including same-sex parents, and should not stigmatise children because of their home circumstances.
• Inclusive secondary school teaching: Secondary schools should give pupils an equal opportunity to explore the features of stable and healthy same-sex relationships, and this should be integrated into the curriculum rather than treated as a standalone lesson. Schools should teach pupils, including those who are gay, lesbian, bisexual and or gender questioning, the facts about sexual health, including sexually transmitted infections.
• Parental engagement: Schools must have an up-to-date written relationships education policy, engage and consult parents when developing and reviewing it, provide the policy free of charge on request, and publish it on the school website.
• Access to curriculum materials: Schools should be transparent with parents about content and materials, and to explain how parents can view curriculum materials.
• Withdrawal from sex education: Parents have the right to request withdrawal from some or all sex education, but not from relationships education, health education, or science curriculum topics. In secondary schools, pupils can opt back in from three terms before their 16^th birthday, even if their parents have opted out. It is important that schools inform pupils of this right.

When should you seek legal advice?

Legal advice can be valuable if:

• Your child is being bullied or isolated in relation to their sexual orientation
• Your child is being misgendered in relation to their gender identity,
• Your child is being excluded from activities, disciplined unfairly, or treated differently because they are, or are thought to be, lesbian, gay or bisexual.

You may also need advice if the school is refusing to share policies or teaching materials, failing to act on complaints, dismissing homophobic or offensive language as “banter”, or not taking safeguarding concerns seriously. Schools should act where prejudice is identified, and staff should help build a culture where harmful beliefs, including homophobia, are challenged.

Early legal advice can help you avoid escalation. It can also ensure your communications with the school are focused, evidence-based and informed by the correct legal duties.

How can we support you?

Doyle Clayton are specialist education solicitors. We advise parents on school disputes, including independent school disputes, safeguarding concerns, discrimination, bullying, exclusions, complaints and the rights of children in primary and secondary education.

We can help you:

• understand your child’s lesbian, gay or bisexual rights and the school’s legal obligations;
• review school policies, correspondence and complaint responses;
• advise on bullying, discrimination or safeguarding concerns;
• prepare a clear letter or complaint to the school;
• support you in meetings with the school or local authority;
• advise on escalation, including governors, academy trusts, local authorities, Ofsted, the Equality and Human Rights Commission, or legal proceedings where appropriate.

Speak to a specialist education solicitor

We provide clear guidance to help you understand the options available to you, take practical steps and make informed decisions at every stage. Our advice is focused on helping you resolve concerns with your child’s school as swiftly and constructively as possible.

We offer a fixed fee online consultation meeting for parents seeking specialist legal advice. You will have access to our online booking suite, where you can select the day and time for a consultation meeting that is most convenient for you.

Book a fixed fee online consultation with one of our specialist education solicitors today.