Supporting transgender young people in schools: equality impact assessment

Assessing how the policy on supporting transgender pupils in school will work best, and how it could affect other groups.


Stage 4: Decision making and monitoring

Identifying and establishing any required mitigating action

If, following the impact analysis, you think you have identified any unlawful discrimination – direct or indirect - you must consider and set out what action will be undertaken to mitigate the negative impact. You will need to consult your legal team in SGLD at this point if you have not already done so.

Have positive or negative impacts been identified for any of the equality groups? Yes. Positive impacts have been identified for young people with the protected characteristic of gender-reassignment. No negative impacts have been established due to the framing of the guidance.
Is the policy directly or indirectly discriminatory under the Equality Act 2010?[3] No. The guidance will benefit transgender young people. The guidance makes clear the need to consider the needs of all young people and is focussed towards supporting positive educational experiences for all young people including those who are transgender.
If the policy is indirectly discriminatory, how is it justified under the relevant legislation?
If not justified, what mitigating action will be undertaken?

Describing how Equality Impact analysis has shaped the policy making process

The EQIA has assisted in ensuring full understanding of the issues related to transgender young people, those who are lesbian, gay, bisexual and transgender and the matters which are specific to female and male pupils.

Monitoring and Review

There have been significant developments in the recording and monitoring of bullying incidents in the last year, which will allow the monitoring of bullying incidents, including those arising from prejudice. This will serve as an evidence base which will enable us to understand from the perspective of bullying whether there has been any improvement in the experiences of young people.

We will also continue to engage with education authority, schools and 3rd sector partners to understand the implementation of the guidance in schools.

Contact

Email: incluedu@gov.scot

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