Supporting transgender pupils in schools: guidance for education authorities and schools – revised
Revised guidance for schools on supporting transgender pupils.
Footnotes
1 We use 'young people' throughout this guidance to mean children or young people who are of school age
2For Women Scotland Ltd (Appellant) v The Scottish Ministers (Respondent) - UK Supreme Court [2025] UKSC 16
3 Hurley v Scottish Borders Council (unreported, Court of Session (Outer House) 23 April 2025
4 Summary statistics for schools in Scotland 2024 - gov.scot
5 NHS Gender Identity Clinics: Waiting Times for First Outpatient Consultation
6 The Scottish Government has established a Working Group on Non-Binary Equality which will consider ways to improve equality for non-binary people
7 It should be noted that the EHRC is currently updating the Technical Guidance for Schools
8 The Scottish Government has established a Working Group on Non-Binary Equality which will consider ways to improve equality for non-binary people
9 Please see information on Transgender identities and terms on page 48
10 Please see paragraph 5.128 of the Technical Guidance for Schools Scotland Technical guidance for schools in Scotland | EHRC
11 Section 7 of the Equality Act 2010. Please also see paragraphs 5.113 to 5.116 of the Technical Guidance for Schools Scotland. Technical guidance for schools in Scotland | EHRC
12 Dr.Lough Dennell, B.L, Anderson, G. and McDonnell, D. (2018) Life in Scotland LGBT Young People. LGBT Youth Scotland.
13 https://www.lgbtyouth.org.uk/media/1299/addressing-inclusion-2020.pdf discusses the terms transphobia and homophobia and provides advice information on these issues within a school context
14 Dr.Lough Dennell, B.L, Anderson, G. and McDonnell, D. (2018) Life in Scotland LGBT Young People. LGBT Youth Scotland.
15 Connolly, M.D., Zervos, M.J., Barone, C.J., Johnson, C.C., and Joseph, C.L.M (2016). “The Mental Health of Transgender Youth: Advances in Understanding” Journal of Adolescent Health, 59(5): 489-495.
16 Dr. Lough Dennell and Logan (2012). Life in Scotland for LGBT Young People: Health Report. LGBT Youth Scotland.
17 http://www.legislation.gov.uk/ukpga/2010/15/section/12
18 In this guidance the term 'family' includes parents, carers and legal guardians.
19 https://www.gtcs.org.uk/professional-standards/professional-standards-for-teachers.aspx
21 See page 32 which includes information on data sharing
22 Guidance on Improving Gender Balance and Equalities 3-18 is available from https://education.gov.scot/improvement/learning-resources/improving-gender-balance-3-18/. The guidance seeks to: challenge gender stereotypes, address unconscious bias, improve gender balance in subject uptake and learner pathways, promote whole-establishment approaches to equality.
23 Gender non-conforming - A person whose behaviour or appearance does not conform to prevailing cultural and social expectations about what is appropriate to their gender. Further information on Gender non-conforming people is available on page 48
24 https://www.gov.scot/publications/respect-national-approach-anti-bullying/
25 Further information on dealing with transphobic, biphobic and homophobic bullying is available from https://www.lgbtyouth.org.uk/media/1299/addressing-inclusion-2020.pdf
26 Recording and monitoring of bullying incidents in schools: supplementary guidance - gov.scot
27 respectme | Scotland’s anti-bullying service
28 Please see paragraph 5.129 to 5.131 of the of Technical Guidance for Schools in Scotland for a definition of sexual orientation Technical guidance for schools in Scotland | EHRC
29 See definition of non-binary on page 48.
30 Technical guidance for schools in Scotland | EHRC paragraphs 5.113 – 5.116
32 https://www.lgbtyouth.org.uk/media/1054/coming-out-guide-for-t-people.pdf
34 Informally here reflects that the change is not requested officially using a written document. Anyone can change their name informally as long as it is not for a criminal purpose.
35 The term official here reflects the legal nature of the changes made.
36 Or any other administrative system which grant-aided, independent or schools may use.
37 www.sqa.org.uk/sqa/75545.html
38 The functions of an education authority referred to here do not apply to independent and grant-aided schools.
39 http://www.legislation.gov.uk/ssi/2003/581/pdfs/ssi_20030581_en.pdf
40 Please see section on Data Protection Law on page 55 for further information
41 The term 'family' includes parents, carers and legal guardians.
42 https://www.mygov.scot/parental-responsibilities-rights/
43 https://www.nrscotland.gov.uk/registration/recording-change-of-forename-and-surname-in-scotland
44 See definition of non-binary on page 48
45 Dr.Lough Dennell, B.L, Anderson, G. and McDonnell, D. (2018) Life in Scotland LGBT Young People. LGBT Youth Scotland. https://www.lgbtyouth.org.uk/media/1354/life-in-scotland-for-lgbt-young-people.pdf
46 The School Premises (General Requirements and Standards) (Scotland) Regulations 1967 uksi_19671199_en.pdf. In a recent Judicial Review (Hurley v Scottish Borders Council (unreported, Court of Session (Outer House), 23 April 2025), the court issued a declarator confirming that the Regulations require education authorities to provide separate sanitary accommodation for boys and girls.
47 Toilets unblocked: A literature review of school toilets Toilets unblocked - The Children and Young People's Commissioner Scotland
48 Please see Whole-School Approach section for further information
49 https://everydayheroes.sps.ed.ac.uk/wp-content/uploads/2018/11/Executive-Summary.pdf
50 Please see the section below on page 24 on addressing safety concerns
51 Paragraphs 9.11 to 9.14 Technical guidance for schools in Scotland | EHRC
52 See definition of non-binary on page 48
53 Ibid.
54 It is recommended that young people consult their doctor before using a binder and also if they experience pain at any time due to binding. A binder may be a vest, or athletic support top, or be wrapped bandages. It is used as a way to reduce the size of a person's chest, so they can present as more masculine or gender neutral.
55 https://www.gov.scot/publications/supporting-children-young-people-healthcare-needs-schools Grant- Aided and Independent schools may wish to follow this guidance as appropriate
56 https://www.gov.scot/publications/guidance-education-children-unable-attend-school-due-ill-health/ This guidance does not apply to grant-aided and independent schools but may be useful for other sectors.
57 http://www.legislation.gov.uk/ukpga/2010/15/schedule/23
58 Technical guidance for schools in Scotland | EHRC
59 Please see further information on Confidentiality, Information Sharing and Child Protection on page 32
60 https://www.gov.uk/guidance/lesbian-gay-bisexual-and-transgender-foreign-travel- advice
61 https://www.gov.scot/publications/girfec-national-practice-model/
62 https://www.gov.scot/publications/national-guidance-child-protection-scotland-2021/
63 A young person with capacity can exercise rights and give consent to information being shared about them in their own right. Please see section on page 56 about Age of Legal Capacity
64 If a teacher is concerned about the safety of a young person, they should follow the school's procedures for recording and/or acting on such concerns
65 Please see information on page 56 for information on legal capacity and decision making
66 See information on page 55 for additional information on Data Protection Law
67 UNCRC preamble
68 Travers R. et al. (2012) 'Impacts of Strong Parental Support for Trans Youth' A report prepared for Children’s Aid Society of Toronto and Delisle Youth Services. Canada: Trans Pulse. http://transpulseproject.ca/wp-content/uploads/2012/10/Impacts-of-Strong-Parental-Support-for-Trans-Youth- vFINAL.pdf
69 https://www.childline.org.uk/info-advice/
70 https://www.lgbtyouth.org.uk/groups-and-support/
71 There are certain circumstances, for example sharing information with other agencies where you are required to seek the young person’s consent prior to sharing their information.
72 More information: https://www.equalityhumanrights.com/en/equality-act/protected-characteristics
73 Anti-bullying guidance for adults working with children and young people - gov.scot
75 https://education.gov.scot/improvement/Learning-resources/Curriculum%20for%20Excellence%20Benchmarks
76 Eisner (1979). The Educational Imagination: on the design and evaluation of school programs . Macmillan, New York.
77 Education Scotland has developed age and stage appropriate guidance on Improving gender balance and equalities 3-18
78 See definition of non-binary on page 48.
79 https://www.tiecampaign.co.uk/resources
80 https://www.tiecampaign.co.uk/resources
81 This Act applies to education authority schools. Independent and grant-aided special schools will have their own arrangements for the engagement of parents and carers.
82 https://education.gov.scot/Documents/health-and-wellbeing-eo.pdf
83 https://education.gov.scot/Documents/social-studies-eo.pdf
84 https://education.gov.scot/improvement/Learning- resources/Curriculum%20for%20Excellence%20Benchmarks
85 https://rshp.scot/
86 https://education.gov.scot/improvement/learning-resources/improving-gender-balance-3-18/
87 The Equality Act 2010 is generally a reserved matter for the UK Government and cannot be amended by the Scottish Parliament.
88 https://www.equalityhumanrights.com/en/equality-act-2010/what-equality-act
89 Technical guidance for schools in Scotland | EHRC
90 The protected characteristics under the schools provisions are; Disability, Gender reassignment, Pregnancy and maternity, Race, Religion or belief, Sex, and, Sexual orientation see para 1.10 of Technical guidance for schools in Scotland | EHRC
91 Chapter 5 provides guidance on the provisions of the Act in relation to discrimination, harassment and victimisation. Paragraph 5.58 is of particular relevance to this guidance.
92 Technical guidance for schools in Scotland | EHRC
93 Technical guidance for schools in Scotland | EHRC
94 Paragraphs 9.2-9.7 set out the definition and advice in relation to communal accommodation.
Technical guidance for schools in Scotland | EHRC
95 Paragraphs 5.32-5.38 Technical guidance for schools in Scotland | EHRC
96 Chapter 5 Technical guidance for schools in Scotland | EHRC
97 Technical guidance for schools in Scotland | EHRC paragraph 5.113.
98 Equality Act 2010 Technical Guidance for Schools in Scotland Technical guidance for schools in Scotland | EHRC
99 https://www.gov.uk/data-protection
100 See section 3(10) of the 2018 Act.
101 This legislation applies to education authorities. Grant-Aided and Independent schools are not required to meet the requirements of the Act. There are specific provisions where Grant-Aided and Independent schools can make specific requests of an education authority. Please see https://www.gov.scot/publications/supporting-childrens-learning-statutory-guidance-education-additional- support-learning-scotland/
102 However, they and their family can change the sex recorded on their other ID and records.
103 There are around 200 Appointed Referrals for young people per year. Page 44 https://www.scotphn.net/wp-content/uploads/2017/04/2018_05_16-HCNA-of-Gender-Identity-Services.pdf
104 https://www.sandyford.org/media/3744/304280_1_1-yp-gender-service-information.pdf
Contact
Email: incluedu@gov.scot