Today, PSHE Brighton has formally issued an Open Letter to school governors across Brighton & Hove, accompanied by a Governor Safeguarding Briefing: Schools, Sex, and Safeguarding — What Governors Need to Know (2026).
These documents have been circulated via Clerks to Governing Bodies, with a clear purpose: to support governors in discharging their statutory safeguarding duties in a legal and regulatory landscape that has materially changed over the past year.
Why This Matters Now
Safeguarding is not static. It evolves with:
- new evidence
- updated statutory guidance
- and developments in case law
Over the past 18 months, several developments have clarified expectations placed on schools and governing bodies, including the Cass Review, recent UK case law such as For Women Scotland v Scottish Ministers, and updated Department for Education guidance in Keeping Children Safe in Education.
Taken together, these developments do not introduce new duties—but they sharpen and clarify existing ones.
The key point is simple:
Governing bodies must ensure safeguarding arrangements are not only in place, but effective in practice.
The Focus of the Open Letter
The Open Letter is not a policy document. It is a governance document.
It sets out, in clear terms:
- the non-delegable nature of safeguarding responsibility
- the requirement to identify, record, and actively manage risk
- the importance of board-level oversight and scrutiny
- the potential consequences where known risks are not acted upon
It also addresses a growing area of concern raised by local families: whether current practices relating to sex, facilities, and pupil support are fully aligned with safeguarding duties and the law.
The letter asks governing bodies to do something straightforward but essential:
Review, record, and verify.
The Governor Briefing: Practical Guidance
Alongside the letter, PSHE Brighton has issued a concise briefing designed for immediate use by governors.
The briefing covers:
1. What the Law Says About Sex
Clarifying that, under the Equality Act 2010, sex remains the basis for lawful single-sex provision, and that this has direct implications for safeguarding, privacy, and fairness.
2. Facilities and Safeguarding
Setting out the legal requirements for:
- toilets
- changing rooms
- privacy arrangements
and the need for these to operate in practice, not just on paper.
3. Responding to Gender Distress
Providing clear guidance that:
- safeguarding must come first
- parents should normally be involved
- decisions must be recorded and evidence-based
4. Social Transition as a Safeguarding Issue
Reflecting the conclusion of the Cass Review that:
social transition is not a neutral act
and may carry developmental and safeguarding implications.
5. Governance Checks
Offering a practical checklist for governing bodies to review:
- whether risks have been formally identified
- whether they are recorded and monitored
- whether policies are legally sound
- whether oversight is active and documented
A Governance Issue — Not an Ideological One
Both documents are deliberately framed in neutral, governance-focused language.
This is not about political or ideological positions.
It is about whether governing bodies are:
- complying with statutory duties
- applying the law correctly
- and ensuring that safeguarding arrangements are robust, lawful, and effective
Accountability and Assurance
One of the central themes of both documents is accountability.
Where risks are:
- known
- foreseeable
- and raised
but are not:
- formally recorded
- reviewed at board level
- or acted upon
questions may arise as to whether governors have exercised the reasonable care, skill, and diligence required of them.
The Open Letter is therefore a prompt—not a criticism:
to ensure that governance keeps pace with legal clarity.
Our Aim
PSHE Brighton’s aim is simple:
- to support schools in maintaining lawful and effective safeguarding practice
- to ensure that every child is protected with dignity and fairness
- and to assist governors in fulfilling their role with clarity and confidence
Next Steps for Governing Bodies
We encourage all governing bodies to:
- review the Open Letter in full
- consider the accompanying briefing
- ensure safeguarding risks in this area are formally addressed
- record and document board-level discussion and decisions
Final Word
Safeguarding depends not only on good intentions, but on clear governance, lawful practice, and proper oversight.
Respect for every child is essential.
But where safeguarding, privacy, and fairness are engaged, the law requires that these matters are approached with clarity, care, and accountability.