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

Stage 3: Assessing the impacts and identifying opportunities to promote equality

Having considered the data and evidence you have gathered, this section requires you to consider the potential impacts – negative and positive – that your policy might have on each of the protected characteristics. It is important to remember the duty is also a positive one – that we must explore whether the policy offers the opportunity to promote equality and/or foster good relations.

Do you think that the policy impacts on people on the grounds of their age? Either directly or indirectly?

In relation to eliminating unlawful discrimination, harassment and victimisation

None - The revised guidance is not considered to impact positively or negatively for pupils in relation to their age.

Reason for the decision

It is recognised that the revised guidance relates to school pupils and therefore relates to a particular age group. The revised guidance reflects the legal and policy landscape as it relates to children and young people. It also recognises the need for age and stage appropriate learning, which is common across all curricular matters.

In relation to Advancing equality of opportunity

None - The revised guidance is not considered to impact positively or negatively for pupils in relation to their age.

Reason for the decision

It is recognised that the revised guidance relates to school pupils and therefore relates to a particular age group. The revised guidance reflects the legal and policy landscape as it relates to children and young people. It also recognises the need for age and stage appropriate learning, which is common across all curricular matters.

In relation to Promoting good relations among and between different age groups

None- The revised guidance is not considered to impact positively or negatively for pupils in relation to their age.

Reason for the decision

The revised guidance does not provide advice which would promote or prevent good relations between pupils of different age groups.

Do you think that the policy impacts disabled people? Either directly or indirectly?

In relation to Eliminating unlawful discrimination, harassment and victimisation

None - The revised guidance is not considered to impact positively or negatively for pupils with disabilities

Reason for the decision

The revised guidance in relation to toilets and changing rooms suggests that in some cases the use of existing accessible facilities within schools may assist in making provision for transgender young people. The revised guidance also makes clear that decisions in these circumstances must respect the rights, needs and wishes of all concerned. This consideration will include the need for pupils with disabilities to use accessible facilities and will ensure arrangements are put in place which do not disadvantage pupils with disabilities

In relation to Advancing equality of opportunity

None - The revised guidance is not considered to impact positively or negatively on advancing equality of opportunity specifically.

Reason for the decision

The revised guidance seeks to ensure that in considering policy and practice in relation to transgender young people, the needs of all young people are considered. The revised guidance does not limit or interfere with the provision of support to children and young people with disabilities, which are also guided through the legislative frameworks of the Equality Act 2010 and the Additional Support for Learning framework.

In relation to Promoting good relations among and between disabled and non-disabled people

None - The revised guidance is not considered to impact positively or negatively on promoting good relations among and between disabled and non-disabled people.

Reason for the decision

The revised guidance does not provide advice which would promote or prevent good relations between pupils with and without a disability.

Do you think that the policy impacts on men and women in different ways? Either directly or indirectly?

In relation to Eliminating unlawful discrimination

None - The revised guidance is not considered to impact positively or negatively for male and female pupils

Reasons for the decision

The revised guidance recognises the specific concerns in relation to girls experience of sexual harassment in schools. There is evidence to suggest that toilets and changing rooms are places within schools where young people (girls, boys and transgender young people) feel vulnerable. The revised guidance therefore references the specific work being undertaken in relation to violence against women and girls, and the challenges faced by young people in these spaces and encourages schools to consider carefully the provision of toilets and changing rooms to meet the needs of all young people which will further the wellbeing of all. The revised guidance has been further considered and amended in light of legal decisions in relation to the provision of toilets and changing rooms. The revised guidance also references specific approaches to promote gender equality, and challenge stereotypes as part of addressing the issues faced by girls within education.

In relation to Advancing equality of opportunity

None - The revised guidance is not considered to impact positively or negatively for male and female pupils

Reasons for the decision

The revised guidance seeks to ensure that the rights and needs of all pupils including girls and boys are considered and met as part of any considerations. This is particularly the case in relation to the matters described above.

In relation to Promoting good relations between men and women

None - The revised guidance is not considered to impact positively or negatively on promoting good relations between male and female pupils

Reasons for the decision

The revised guidance does not provide advice which would promote or prevent good relations between female and male pupils.

Do you think that the policy impacts on women on the grounds of pregnancy and maternity? Either directly or indirectly?

In relation to Eliminating unlawful discrimination

None - The revised guidance is not considered to impact positively or negatively in relation to pregnancy and maternity.

Reasons for the decision

The revised guidance does not provide advice in relation to pregnancy and maternity.

In relation to Advancing equality of opportunity

None - The revised guidance is not considered to impact positively or negatively in relation to pregnancy and maternity.

Reasons for the decision

The revised guidance does not provide advice in relation to pregnancy and maternity.

In relation to Promoting good relations

None - The revised guidance is not considered to impact positively or negatively in relation to pregnancy and maternity.

Reasons for the decision

The revised guidance does not provide advice in relation to pregnancy and maternity.

Do you think your policy impacts on people proposing to undergo, undergoing, or who have undergone a process for the purpose of reassigning their sex? Either directly or indirectly? (NB: the Equality Act 2010 uses the term ‘transsexual people’ but ‘trans people’ is more commonly used)

In relation to Eliminating unlawful discrimination

Positively - The revised guidance is considered to positively impact on transgender young people in schools

Negatively - It is recognised that young people who are required to use different toilets and changing rooms as a result of the amendments to the revised guidance, in order to align with recent legal decisions, may experience a negative impact.

Reasons for the decision

The revised guidance seeks to provide advice and guidance to schools and school staff in relation to the support of transgender young people. It is an area in which school staff have reported a need for advice and guidance in order to ensure that all young people, including transgender young people, have positive educational experiences. There is significant evidence that transgender young people can have poor educational experiences, which impact on their health and wellbeing and educational outcomes. The revised guidance has been considered in light of legal decisions and amendments have been made. It is recognised that whilst the revised guidance does positively support eliminating unlawful discrimination, that the decisions which schools will require to make in order to align with the law as clarified as a result of those legal decisions mean that some young people may experience, significant concerns and indeed distress. All guidance issued by the Scottish Government must be capable of being lawfully followed.

In relation to Advancing equality of opportunity

Positively - The revised guidance is considered to positively impact on transgender young people in schools

Reason for the decision

As set out above the revised guidance seeks to support schools and school staff in supporting transgender pupils towards positive educational experiences. This is in line with the aspiration for all children and young people in schools.

In relation to Promoting good relations

Positively - The revised guidance is considered to positively impact on transgender young people in schools

Negatively - It is recognised that young people who are required to use different toilets and changing rooms as a result of the amendments to the revised guidance, in order to align with recent legal decisions, may experience a negative impact.

Reason for the decision

The revised guidance seeks to provide advice to schools and school staff which supports greater understanding of transgender young people. The revised guidance offers advice on actions which can be taken as part of learning which promotes greater understanding of transgender matters.

It is recognised that transgender people, including young people are experiencing distress following recent legal decisions. There is particular evidence that there are experiences of outing and people being challenged for their use of toilets and changing rooms particularly. Whilst it is recognised that the revised guidance does have a positive impact in relation to fostering good relations, it is also acknowledged that there are concerns about young people’s wellbeing and safety as a result of amended arrangements for some transgender young people.

Do you think that the policy impacts on people on the grounds of their sexual orientation? Either directly or indirectly?

In relation to Eliminating unlawful discrimination

None - The revised guidance is considered to neither positively nor negatively impact on young people in schools in relation to sexual orientation

Reason for the decision

The revised guidance recognises that lesbian, gay and bisexual young people may not have a positive educational experience as part of the context for this guidance. The revised guidance seeks to support schools and school staff in supporting transgender pupils and also addresses matters relating to lesbian, gay and bisexual young people within it.

In relation to Advancing equality of opportunity

None - The revised guidance is considered to neither positively nor negatively impact on young people in schools in relation to sexual orientation

Reason for the decision

The revised guidance recognises that lesbian, gay and bisexual young people may not have a positive educational experience as part of the context for this guidance.

Reason for the decision

The revised guidance seeks to support schools and school staff in supporting transgender pupils and also addresses matters relating to lesbian, gay and bisexual young people within it.

In relation to Promoting good relations

None - The revised guidance is considered to neither positively nor negatively impact on young people in schools in relation to sexual orientation

Reason for the decision

The revised guidance recognises that lesbian, gay and bisexual young people may not have a positive educational experience as part the context for this guidance. The revised guidance seeks to support schools and school staff in supporting transgender pupils and addresses matters relating to lesbian, gay and bisexual young people including the need to also support increased understanding of transgender and other identities.

Do you think the policy impacts on people on the grounds of their race? Either directly or indirectly?

In relation to Eliminating unlawful discrimination

None - The revised guidance is not considered to impact positively or negatively in relation to race.

Reason for the decision

The revised guidance does not provide advice in relation to race.

In relation to Advancing equality of opportunity

None - The revised guidance is not considered to impact positively or negatively in relation to race.

Reason for the decision

The revised guidance does not provide advice in relation to race.

In relation to Promoting good race relations

None - The revised guidance is not considered to impact positively or negatively in relation to race.

Reason for the decision

The revised guidance does not provide advice in relation to race.

Do you think the policy impacts on people on the grounds of their religion or belief? Either directly or indirectly?

In relation to Eliminating unlawful discrimination

None - The revised guidance is not considered to impact positively or negatively in relation to religion and belief.

Reason for the decision

The revised guidance is framed within the legislative framework of the Equality Act 2010. It therefore focusses on supporting schools in meeting the needs of transgender young people within the context of meeting the needs of all pupils and our commitment to ensuring that all pupils have positive educational experiences. The revised guidance does not comment on religion or belief explicitly.

In relation to Advancing equality of opportunity

None - The revised guidance is not considered to impact positively or negatively in relation to religion and belief.

Reason for the decision

The revised guidance is framed within the legislative framework of the Equality Act 2010. It therefore focusses on supporting schools in meeting the needs of transgender young people within the context of meeting the needs of all pupils and our commitment to ensuring that all pupils have positive educational experiences. The revised guidance does not comment on religion or belief explicitly.

In relation to Promoting good relations

None - The revised guidance is not considered to impact positively or negatively in relation to religion and belief.

Reason for the decision

The revised guidance is framed within the legislative framework of the Equality Act 2010. It therefore focusses on supporting schools in meeting the needs of transgender young people within the context of meeting the needs of all pupils and our commitment to ensuring that all pupils have positive educational experiences. The revised guidance does not comment on religion or belief explicitly.

Do you think the policy impacts on people on the grounds of their marriage or civil partnership? Either directly or indirectly?

In relation to Eliminating unlawful discrimination

None - The revised guidance is not considered to impact positively or negatively in relation to marriage and civil partnership.

Reason for the decision

The revised guidance does not provide advice in relation to marriage and civil partnership. This protected characteristic is not applicable to schools.