NHS Scotland gender transitioning guide queries: FOI release

Information requested

1. Why is the Guide not dated and coded to allow tracking of version changes?

2. Which Minister is designated as responsible for the Guide?

3. Which civil service head is designated as responsible for the Guide?

4. Which organisations or people out with government provided advice on the content of theguidance?

5. Please provide a date for when the Guide was issued to all Boards and a copy of the cover letter issued with the Guide?

6. Has the Guide been subject to an Equality & Diversity Impact Assessment [EQIA], as required by the Public Sector Equality Duty and as made clear in guidance published by the Equality and Human Right Commission?

7. If yes, please provide a copy of the EQIA, including notes on who was responsible for carrying out the EQIA and who was consulted on the findings and what evidence was gathered to enable to EQIA to be carried out.

8. What, if any, arrangements have been made to gather data/evidence generated as a result of implementing the Guide to enable an informed review of the Guide?

Response

1. An exemption under section 17(1) applies to the information under question 1 in which you have requested. While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. The reason for this exemption is because the guide has not been published. A draft guide was provided to Boards as part of the soft launch process in order to allow HR departments and Trade Union organisations to get ready for implementation of the guide when it is finalised.

2. The guide that has been developed under Phase 2.2 of the ‘Once for Scotland’ NHSScotland Workforce Policies Programme, is part of the Cabinet Secretary for Health and Social Care’s portfolio.

3. The ‘Once for Scotland’ NHSScotland Workforce Policies Programme is a tripartite programme, with representatives from Scottish Government, NHS Employers and Trade Unions. Scottish Government representatives report to the Director-General for Health and Social Care.

4. In addition to the Scottish Government, several external organisations contributed advice on the content of the draft guide. These included NHS Scotland representatives from the Policy Development Group, with input from NHS Lothian, NHS Lanarkshire, NHS24, NHS Greater Glasgow and Clyde, NHS Tayside, and NHS Borders. Trade Union and Professional Organisation representatives on the Policy Development Group—namely Unison, Unite the Union, and the Royal College of Nursing—also provided advice input. Legal advice was supplied by the Central Legal Office within NHS National Services Scotland.

5. The soft launch period was 15th October 2024 to 15th January 2025. We have attached the cover letter issued to NHSScotland Health Boards on 15th October 2024 offering the opportunity to raise any issues or concerns with the draft guide during this period.

6. Yes, the Equality Diversity and Inclusion Policy and supporting documents are subject to an Equality & Diversity Impact Assessment [EQIA], however, the EQIA is yet to be published. This process is usual practice for all policies developed under the ‘Once for Scotland’ NHSScotland Workforce Policies Programme.

7. The EQIA and notes are currently not available, however, once published the EQIA will be accessible on the Scottish Government website. Furthermore, an exemption under section 29 (1)(a) applies to the information under question 7 in which you have requested. While our aim is to provide information whenever possible, in this instance the Scottish Government have applied this exemption. The exemption applies as the requested information pertains to the formulation or development of government policy. The content within the specified portion of your request may be utilised by Scottish Ministers in shaping and determining future policy initiatives. We appreciate your understanding of the sensitivity surrounding this matter and the importance of maintaining the confidentiality of policy formulation processes.

This exemption is subject to the 'public interest test'. Taking account of all the circumstances of this case, we considered if the public interest in disclosing the information outweighed the public interest in applying the exemption. We found that, on balance, the public interest lay in favour of upholding the exemption. We recognise there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However in this case there was a greater public interest in allowing a private space in which officials could shape and develop future policy initiatives. This privacy is essential to enable effective, diverse discussion so that policies which positively impact the Scottish public can be successfully developed. Premature disclosure is likely to undermine this process, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

8. Publication of Phase 2.2 of the Workforce Policies, which includes the NHSScotland Gender Transitioning Guide, has been delayed. However, once Phase 2.2 has been implemented there will opportunities to provide feedback. Following publication, any interpretation issues should be managed locally in the first instance. There is also a process for interpretation issues to be escalated to the Scottish Workforce and Staff Governance (SWAG) Committee. The NHSScotland Workforce Policies will be updated in accordance legislative changes.

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FOI 202500457124 - Information released - Letter

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