Supporting transgender pupils in schools - revised guidance: child rights and wellbeing impact assessment

Conclusion

7. As a result of the evidence gathered and analysed against all UNCRC requirements, what is the potential overall impact of this proposal on children’s rights?

Overall, the potential impact is neutral and positive. However, it is recognised that there may be negative impact in relation to Article 16 privacy in relation to transgender pupils’ use of toilets and changing facilities due to the risk of “outing” due to changes in the facilities that young people may require to use. The guidance provides advice on the considerations that schools may require to make in order to reduce this risk as far as possible.

8. If you have identified a positive impact on children’s rights, please describe below how the proposal will protect, respect, and fulfil children’s rights in Scotland.

The guidance seeks to support schools to recognise the rights of all children, including those who are transgender, and highlights the support that they may require. Recognising that evidence indicates that transgender young people have less positive outcomes than other pupils in school in relation to their wellbeing and education.

9. If a negative impact has been identified please describe it below. Is there a risk this could potentially amount to an incompatibility?

As indicated elsewhere, the guidance reflects recent legal decisions, which is likely to lead to changes in the toilet and changing facilities that young people may require to use. It is recognised that it is likely to have a negative impact on transgender young people, in relation to their right to privacy, for those who require to use different facilities than they would have previously, and the likelihood of this being evident to others. The guidance includes advice for schools on how this risk can be reduced as far as possible.

Mitigation Record

What options have been considered to modify the proposal in order to mitigate a negative impact or potential incompatibility?

Please summarise mitigation actions taken below

Issue or risk identified and relevant UNCRC requirement

The guidance has been carefully worded in order to provide as many options for young people to use facilities which align with legal requirements. The guidance also describes other practical arrangements which schools may consider to protect young people’s privacy as far as possible.

Action Taken/ To Be Taken

The guidance has been amended.

Date action to be taken or was taken

29 September 2025

10. As a result of the evidence gathered and analysed against all wellbeing indicators will the proposal contribute to the wellbeing of children and young people in Scotland? (Guidance Section 2.3.2, pages 20-22).

Safe: Yes

Healthy: Yes

Achieving: Yes

Nurtured: Yes

Active: Yes

Respected: Yes

Responsible: Not Applicable

Included: Yes

If yes, please provide an explanation below:

It is considered that the guidance will have positive impact in relation to the indicators of Safe, Healthy, Achieving, Nurtured, Respected and Included.

The guidance recognises concerns about the safety of children and young people in schools, and aligns to schools’ responsibilities to ensure the safety and wellbeing of their pupils. Whilst the overall impact in relation to Safe is positive, it is recognised that there may be concerns for some transgender young people who may now require to use different toilet and changing facilities in school and that there may be safety concerns for those pupils. The guidance highlights this matter particularly.

The guidance aims to support the health and wellbeing of all children and young people, particularly transgender young people. The overall impact for the guidance is assessed as positive as the guidance seeks to ensure that children and young people are supported in schools, However, it is recognised that the amendments which have been made to the guidance as a result of legal decisions may lead to distress and concern for some transgender young people and that there may be negative impact to their health and wellbeing.

The guidance recognises that transgender young people may experience poorer educational outcomes and experiences than other pupils. The guidance therefore provides advice to schools and education authorities on supporting children and young people in order to support improved outcomes. It is therefore assessed to have a positive impact in relation to the indicator of achievement.

The guidance recognises that transgender young people may require support within a nurturing environment in order to secure their wellbeing and positive outcomes within school. It is therefore assessed as having a positive impact overall for the wellbeing indicator Nurture.

The guidance recognises the importance of activity for all young people, and provides advice which supports transgender young people to take part in Physical Education, Physical Activity and Sport within school. The guidance also recognises the legal requirements in relation to gender affected competitive sport and games, which school pupils may take part in. Therefore the impact of the guidance in relation to the indicator of Active is positive overall.

The guidance respects the need to engage and hear the views of transgender pupils in decisions that affect them. Therefore the assessment has concluded that the impact overall on the wellbeing indicator of respected is positive.

The guidance seeks to ensure that the support needs of pupils are recognised and responded to within schools and that transgender pupils are included as part of their school community. Therefore overall the guidance is assessed as positive in relation to the wellbeing indicator or included.

11. How will you communicate to children and young people the impact that the proposal will have on their rights?

There will be significant profile associated with the publication of the guidance which will highlight the guidance to a range of stakeholders. We will engage with relevant networks in order to promote the guidance.