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.

Evidence gathered and Strength/quality of evidence
Young Women Lead Committee report on sexual harassment in schools.  Set out evidence and recommendations which provide a starting point for action which the Lead Committee believe must be undertaken.  Source:  https://www.parliament.scot/WebSPEIRResources/YWL-Report-FINAL.pdf

Data gaps identified and action taken

This report sets out a wide range of evidence across a range of themes related to sexual harassment in schools.  This evidence was gathered and presented by a group of young women and set out that “The impact of sexual harassment on girls is significant and can be long-lasting. It can negatively impact everything from their mental health to their relationships and career choices.”  Their focus groups found that “91% of participants considered sexual harassment or gender based bullying to be a problem at their school”  and responses to their questionnaire reported that “54% did not feel protected from sexual harassment in schools, with 26% feeling “extremely vulnerable”” This evidence aligns to the concerns which have been highlighted in evidence elsewhere.

Evidence gathered and Strength/quality of evidence

‘Toilets unblocked: A literature review of school toilets’ undertaken by the Commissioner for Children and Young People in Scotland indicated that both “boys and girls may limit their intake of fluids in order to avoid using bathrooms where they were inappropriately public facilities”.  The report also noted that privacy was important for children, and that toilets can be an area where young people believe that bullying may take place.  Source:  Toilets-Literature-Review.pdf

Data gaps identified and action taken

This literature review sets out a range of evidence in relation to the use of toilets in schools by both girls and boys and highlights some of the concerns that young people face.

Evidence gathered and Strength/quality of evidence

In 2023, 86% of headteachers and 53% of teachers who responded to the Behaviour in Scottish Schools Research reported that all or most pupils are generally well-behaved in school toilets.  Further, 66% of those in primary schools reported that all or most pupils are generally well-behaved in school toilets compared to 40% of secondary school staff.  Source: Behaviour in Scottish Schools 2023 page 39

Data gaps identified and action taken

This survey reports the views of 3754 school staff.  The survey weighting brought the weighted data close to population estimates, thus the survey data presented in this report is representative at a national level.
Protected Characteristic: Pregnancy and Maternity

Evidence gathered and Strength/quality of evidence

In 2023, there were 1,215 teenage pregnancies, where the mother was aged 18 or under.  There were 217 pregnancies where the mother was aged 16 or under.  Source:  Teenage Pregnancy - Datasets - Scottish Health and Social Care Open Data

Data gaps identified and action taken

The Dataset sets out the number of teenage pregnancies where the mother was aged 18 or under and aged 16 or under.  It cannot be assumed that all of the mothers were attending school.  Information on the number of pupils who are pregnant or mothers is not collected. 

Protected Characteristic: Gender Reassignment

Data gaps identified and action taken

There is not information available about the number of transgender pupils in Scotland’s schools. 

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 Scotland’s Census found that 19,970 people were trans, or had a trans history. This is 0.44% of people aged 16 and over.

Further analysis identified that 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

There is no information collected within the National Census on Transgender people under the age of 16.

Evidence gathered and Strength/quality of evidence

There have been 539 updated Scottish birth certificates provided since 2005.  Source: National Records of Scotland

Data gaps identified and action taken

This evidence shows that a small number of people in Scotland have applied for updated birth certificates.  It should be noted that currently those under 18 years of age cannot apply.

Evidence gathered and Strength/quality of evidence

Research found that transgender young people can have poor educational experiences which affect their health and wellbeing and educational outcomes:

• 82% of transgender young people experienced bullying in school on the grounds of being LGBT. This has risen from 77% in 2012.
• 27% of transgender young people left education as result of homophobia, biphobia and transphobia in the learning environment
• 63% of transgender young people experienced suicidal thoughts or behaviours
• 59% of transgender young people said that they self-harmed
• 83% of transgender young people, who had experienced at least one mental health problem, had been bullied at school

Source  Lough Dennell, B.L., Anderson, G. and McDonnell, D. (2018) Life in Scotland for LGBT Young People. LGBT Youth Scotland.
https://www.lgbtyouth.org.uk/media/1354/life-in-scotland-for-lgbt-young-people.pdf

Data gaps identified and action taken

The research presented the views of 684 LGBT young people aged 13 to 25.  Whilst the sample size of the research is small in comparison to the pupil population in Scotland’s schools the research findings chime with the evidence presented above.

Evidence gathered and Strength/quality of evidence

Research reported that only 10% of participants rate the experience of school as ‘Good’, with 44% rating it as ‘OK’, and almost half (46%) rating it as ‘Bad’.
13% have left education, as a result of homophobia, biphobia or transphobia. This has increased from 9% in 2017.

• 70% of participants felt that homophobia, biphobia and transphobia had a negative effect on their educational experience.
• 36% felt that homophobia, biphobia or transphobia had a negative effect on their educational attainment. 

Source Life in Scotland: Education Report - LGBT Youth Scotland

Evidence gathered and Strength/quality of evidence

Research found that 37% of respondents said that someone had forced, or tried to force them to have sex when they were under the age of 16.  Source: Roch et al. (2010) Out of Sight Out of Mind, Transgender People's Experience of Domestic Abuse. LGBT Youth Scotland & the Scottish Transgender Alliance Page 5

Data gaps identified and action taken

The report sets out questionnaire responses from people aged 16 to 60 with only one respondent over the age of 60. The mean average age of respondents was 37.  This is significantly beyond school age.  The evidence sets out that transgender young people can be vulnerable to sexual assault particularly at a young age. 

No evidence was established of transgender young people in schools presenting a safety risk to other young people as a result of their gender reassignment status.  As noted above there is evidence of sexual harassment of girls in schools, but this does not include evidence relating to transgender young people.

Evidence gathered and Strength/quality of evidence
It is reported that transgender people are experiencing distress as a result of experiences following the Supreme Court Judgement in relation to their use of toilets and changing room facilities.  Source Trans-Segregation-in-Practice.pdf

Data gaps identified and action taken

This report gathers personal evidence from a range of perspectives, including in school.

Protected Characteristic: Sexual Orientation

Evidence gathered and Strength/quality of evidence

In 2022, there were 183,860 LGB+ people in Scotland. This is 4.0% of people aged 16 and over.

There were 6,366 people aged 16-19 who identified as Gay or Lesbian, 13,193 who identified as Bisexual, and 3,221 who identified as Other Sexual Orientiation.  A further 3,993,864 identified as Heterosexual.  Source Scotland’s Census 2022 - Sexual orientation and trans status or history | Scotland's Census

Data gaps identified and action taken

The Census collects information about those who are aged 16 and over.  It is recognised that the census does not confirm who is and is not attending school. 

Information on pupils sexual orientation is not collected as part of the pupil census in Scotland’s schools. 

Evidence gathered and Strength/quality of evidence

Research found that young age, low income and low educational attainment predict particular vulnerabilities to domestic abuse in same sex relationships and being newly ‘out’ can position somebody as more vulnerable to abuse.

Source Donovan. C & Hester.M (2014). Domestic Violence and Sexuality - What's love got to do with it? University of Bristol https://www.universitypressscholarship.com/view/10.1332/policypress/9781447307433.001.0001/upso-9781447307433

Protected Characteristic: Race

Evidence gathered and Strength/quality of evidence

Information on pupils’ ethnicity is collected as part of the annual pupil census. In 2024, there were:

• 506,226 pupils who identify as White Scottish
• 45,049 pupils who identify as White – Other British
• 1,490 pupils who identify as White – Irish
• 16, 988 pupils who identify as White - Polish
• 1,457 pupils who identify as White – Gypsy/Traveller
• 26,645 pupils who identify as White - Other
• 13,279 pupils who identify as Mixed
• 10,540 pupils who identify as Asian – Indian
• 16,202 pupils who identify as Asian – Pakistani
• 1,621 pupils who identify as Asian – Bangladeshi
• 5,682 pupils who identify as Asian – Chinese 6,569 pupils who identify as Asian – Other
• 1,055 pupils who identify as  Caribbean/Black
• 774 pupils who identify as Caribbean/Black - Other
• 9,495 pupils who identify as African - Scottish/British
• 10,897 pupils who identify as African
• 5,288 pupils who identify as Arab
• 5,840 pupils who identify as Other
• 13,468 whose identity was Not known
• 3,863 whose identity is Not Disclosed

Source Summary statistics for schools in Scotland 2024 - gov.scot

Data gaps identified and action taken

This information is collected by the Scottish Government as part of the national pupil census.

Protected Characteristic: Religion or Belief

Evidence gathered and Strength/quality of evidence

In 2024 124,995 pupils learn in 362 Scottish publicly funded denominational schools.  This equates to 17.7% of all pupils in 2024.  Table 1.15
Pupil census supplementary statistics - gov.scot

Data gaps identified and action taken

There is no information collected on the religion or belief of pupils in Scotland.  As indicated, there are a number of pupils who learn within denominational schools in Scotland. 

Protected Characteristic: Marriage and Civil Partnership

Evidence gathered and Strength/quality of evidence

Marriage and civil partnership is not protected a characteristic for the schools provisions of the Equality Act 2010.  Source Technical guidance for schools in Scotland | EHRC (para 5.103)

Data gaps identified and action taken

The schools provisions in Part 6 of the Equality Act 2010 do not apply to the protected characteristic of marriage and civil partnership so this characteristic has not been assessed.