Education Scotland inclusion, equality and diversity guidance: FOI release

Information requested

1. Has Education Scotland revised any of its published or internal guidance documents for schools, educators, or education authorities in response to the UK Supreme Court judgment of 16 April 2025, which confirmed that the term “sex” in the Equality Act 2010 refers to biological sex?

2. Specifically, please confirm whether Education Scotland has updated or is reviewing any of the following in light of the ruling:

• Equality, Diversity & Inclusion (EDI) policies
•  Curriculum guidance related to Relationships, Sexual Health and Parenthood (RSHP)
•  Anti-bullying or safeguarding frameworks referencing sex/gender
•  Teacher training materials or advisory content involving protected characteristics

3. If updates have been made, please provide:

• The date and content of changes
• Any legal or policy justification referenced during revision

4. If no changes have been made, please clarify whether Education Scotland:

• Accepts the Supreme Court’s interpretation as binding
• Plans to revise materials currently conflating gender identity with sex under the Equality Act 

Response

1. There has not been a review of materials in light of the Supreme Court judgment. However, the following three resources have been removed from Education Scotland website as part of the regular review cycle.

• Improving Gender Balance and Equalities Self-Evaluation Framework
• Improving Gender Balance and Equalities Self-Evaluation framework for Community Learning and Development settings
• Improving Gender Balance and Equalities Quick Start Guide

2 – 3. While our aim is to provide information whenever possible, in this instance Education Scotland does not have some of the information you have requested. This is a formal notice under section 17(1) of FOISA that Education Scotland does not have some of the information you have requested with regards to questions 2 and 3 above as Education Scotland is not responsible for the curriculum guidance for RSHP, anti-bullying guidance or safeguarding frameworks. The responsibility for the statutory RSHP teaching guidance and development of anti-bullying guidance and safeguarding framework rests with the Scottish Government.

4. Education Scotland is committed to meeting its statutory and regulatory obligations as a public body and an Executive Agency of the Scottish Government and therefore accepts the judgment of the UK Supreme Court. 

Education Scotland remains committed to promoting and embedding inclusion, equality and diversity throughout our work.

Education Scotland continually reviews published guidance and frameworks to ensure they remain up-to-date and fit for purpose. As with any significant legal or policy developments, Education Scotland will continue to consider whether such resources require to be updated to reflect these.

The EHRC has confirmed that it is updating its statutory Code of Practice. The Code will support service providers, public bodies and associations to understand their duties under the Equality Act 2010 and put them into practice.

Following the Code of Practice being brought into force, Education Scotland will consider whether its resources require to be updated.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.