Supporting transgender pupils in schools - revised guidance: equality impact assessment

Stage 2: Data and evidence gathering, involvement and consultation

Include here the results of your evidence gathering (including framing exercise), including qualitative and quantitative data and the source of that information, whether national statistics, surveys or consultations with relevant equality groups.

Protected Characteristic: Age

Evidence gathered and Strength/quality of evidence

The revised guidance will affect a particular age group, namely those of school age in Scotland.

In 2024 there were 702,428 pupils in Scotland’s local authority and grant-aided primary, secondary and special schools. These are school age pupils, between the ages of 5 and 19 years of age. There were 379,354 primary age pupils, 315,072 secondary age pupils and 8,002 pupils aged between 5 and 19 who are learning in special schools. Source: Summary statistics for schools in Scotland 2024 - gov.scot.

Data gaps identified and action taken

The schools provisions in Part 6 of the Equality Act 2010 do not apply to the a protected characteristic of age. https://www.equalityhumanrights.com/en/publication-download/technical-guidance-schools-scotland (para 5.103)

It is not known how many school aged people identify as transgender in Scotland.

Evidence gathered and Strength/quality of evidence

In 2023/24 there were 365 new referrals to Gender Identity Clinics in Scotland, and on 31 March 2024 there were 5,640 people waiting for a first outpatient appointment, including 997 young people. Source: NHS Gender Identity Clinics: Waiting Times for First Outpatient Consultation.

Data gaps identified and action taken

These are Official Statistics in development. These are statistics that are undergoing development and testing, but are deemed useful to publish to enable users and stakeholders to comment on their development while quality improvement work is ongoing. To be protected from gender reassignment discrimination, a person does not need to have undergone any medical treatment or surgery to change from their birth sex to their preferred gender. Please see paragraph 5.113-5.116 of the Technical Guidance for Schools in Scotland Technical guidance for schools in Scotland | EHRC

Evidence gathered and Strength/quality of evidence

In 2022, there were 977 young people aged 16-18 who identified as transgender. In addition there were a further 1,241 16 to 18 year olds who identified as non-binary. Of those who identified as transgender 660 identified as a Trans man and 317 identified as a Trans woman.

Source: Scotland’s Census 2022 - Sexual orientation and trans status or history | Scotland's Census

Data gaps identified and action taken

The Census collected information from those aged 16 and beyond. There is no information collected below the age of 16.

Protected Characteristic: Disability

Evidence gathered and Strength/quality of evidence

In 2024 there were 26,092 pupils in Scotland’s publicly funded schools who are assessed or declared as having a disability. Source: Figure 23 Summary statistics for schools in Scotland 2024 - gov.scot

Data gaps identified and action taken

As it is not known how many school aged people (identify as transgender in Scotland it is not possible to accurately indicate how many pupils may identify as transgender and who may also have a disability.

Evidence gathered and Strength/quality of evidence

Stonewall Scotland reported the results of a survey to which 1,261 Scottish LGBT people responded. Of those 33% (416) indicated that they have a disability. Source: lgbt_in_scotland_-_health_report.pdf

Data gaps identified and action taken

It is not possible to disaggregate the data further to identify transgender young people within this evidence source.

Evidence gathered and Strength/quality of evidence

Research carried out by LGBT Youth Scotland in 2022 showed that within a sample of 1279 respondents, 17% of LGBT young people noted that they had a disability. Source: Life in Scotland for LGBT Young People in 2022 - LGBT Youth Scotland

Data gaps identified and action taken

It is not possible to disaggregate the data further to identify transgender young people within this evidence source.

Evidence gathered and Strength/quality of evidence

This evidence suggests that toilets can be an area of challenge both for those who are transgender and those who have a disability. Research found “that many trans and disabled people experience significant difficulties in accessing a safe, usable and comfortable toilet away from home. There is a need for more all-gender toilet provision (sometimes known as ‘gender neutral’ toilets). “A ‘one size fits all’ approach to toilet design doesn’t work – there is no one toilet design to suit all users’ needs. Nevertheless, consideration of all users and moves towards improvement are crucial.” Source: Around the Toilet: a research project report about what makes a safe and accessible toilet space http://shura.shu.ac.uk/21258/1/Around%20the%20Toilet%20Report%20final%201.pdf

Data gaps identified and action taken

This is not school based research and therefore reflects a broader perspective which may apply also in schools.

Protected Characteristic: Sex

Evidence gathered and Strength/quality of evidence

In 2024, there were 343,961 female pupils and 358,467 male pupils registered in Scotland’s publicly funded schools. Source: Summary statistics for schools in Scotland 2024 - gov.scot

Evidence gathered and Strength/quality of evidence

The First Minister’s National Advisory Council on Women and Girls 2018 First Report and Recommendations referred to evidence from Girlguiding UK “In 2015, 75% of girls and young women reported anxiety about experiencing sexual harassment, with 25% of 11 to 16 year olds saying that it made them consider whether to speak out in class. Source: Girlguiding UK (2015) Girls’ Attitudes Survey https://www.girlguiding.org.uk/globalassets/docs-and-resources/research-and-campaigns/girls-attitudes-survey-2015.pdf

Data gaps identified and action taken

The survey reflects the views of 1,574 girls and young women aged between 7 and 21 who took part in the 2015 survey. Given that this sample size is small in comparison to the number of female pupils in Scotland’s schools, and the age range extends beyond school age this source of evidence cannot be considered representative, therefore other sources of evidence on this matter have also been sought.

Evidence gathered and Strength/quality of evidence

Making Women Safer in Scotland: The Case for Standalone Misogyny Offence sets out a range of evidence on girls experience of bullying and sexual harassment in schools. Source: https://www.engender.org.uk/content/publications/Making-Women-Safer-in-Scotland---the-case-for-a-standalone-misogyny-offence.pdf Page 10

Data gaps identified and action taken

The report sets out a range of evidence from a number of sources including girls, women’s organisations and media sources in relation to girls’ experiences of bullying and sexual harassment in schools. These align to the concerns highlighted above.

Evidence gathered and Strength/quality of evidence

It is not Cool to be Cruel: Prejudice-based bullying and harassment of children and young people in schools found that “sexual harassment and intimidation is being experienced by children in both primary and secondary school. Gender played a key factor we found, and is disproportionately impacting girls and young women.” Source: It is not Cool to be Cruel: Prejudice-based bullying and harassment of children and young people in schools

Data gaps identified and action taken

The report provides a further source of evidence on the evidence presented to Committee by Women’s and Children’s organisations on girls experiences of bullying and harassment in schools. This source of evidence also aligns to the evidence highlighted above.