Education Scotland policy reviews since UK Supreme Court decision: FOI release

Information requested

I am writing to request the following information under the Freedom of Information (Scotland) Act 2002.

Following the 2024 UK Supreme Court ruling in R (on the application of For Women Scotland) v Scottish Ministers, the legal definition of “sex” in the Equality Act 2010 has been confirmed to mean biological sex. This clarification has significant implications for education policy, safeguarding, and equalities guidance in Scottish schools.

Please provide the following:

1. Policy Review or Revisions

Has Education Scotland reviewed, revised, or issued any updates to its:

• Equality, diversity, and inclusion (EDI) policies
• Safeguarding frameworks
• Guidance to schools, local authorities, or teaching staff in light of the 2024 Supreme Court ruling?

2. Materials and Communication

If so, please provide:

• Copies of any updated policies, guidance, or training materials
• Dates of implementation or publication
• Any legal, educational, or equality-based rationale given for the changes

3. Status Quo and Legal Recognition

If no updates have been made:

• Does Education Scotland recognise the Supreme Court’s clarification on the definition of sex as binding?
• Do current materials continue to conflate or equate sex and gender identity?

4. Advisory Role

Has Education Scotland issued any advisory notices to local authorities, safeguarding leads, or school leadership teams on how the ruling may affect the delivery of single-sex services, sex-based data collection, or the handling of parental concerns?

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. 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 question 1, as Education Scotland has not updated guidance in light of the Supreme Court judgement.

3. 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 advice, 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.

4. Education Scotland has not issued any advisory notices to local authorities, safeguarding leads, or school leadership teams on how the ruling may affect the delivery of single-sex services, sex-based data collection, or the handling of parental concerns.

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.