Supporting transgender young people in schools: guidance for Scottish schools
Guidance for schools on supporting transgender young people
Footnotes
1. We use 'young people' throughout this guidance to mean children or young people who are of school age and 'young person' to mean a child or young person who is of school age.
2. Table 2.1 https://www.gov.scot/publications/summary-statistics-schools-scotland-no-10-2019-edition
3. Scottish Public Health Network (ScotPHN) Health Care Needs Assessment of Gender Identity Services, May 2018, page 44
4. https://www.scotphn.net/wp-content/uploads/2017/04/2018_05_16-HCNA-of-Gender-Identity-Services-1.pdf
5. The Scottish Government has established a Working Group on Non-Binary Equality which will consider ways to improve equality for non-binary people
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. Please see information on Transgender identities and terms on page 49
8. http://www.legislation.gov.uk/ukpga/2010/15/section/7
9. 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/1299/addressing-inclusion-2020.pdf discusses the terms transphobia and homophobia and provides advice information on these issues within a school context
10. Dr.Lough Dennell, B.L, Anderson, G. and McDonnell, D. (2018) Life in Scotland LGBT Young People. LGBT Youth Scotland.
11. 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.
12. Dr. Lough Dennell and Logan (2012). Life in Scotland for LGBT Young People: Health Report. LGBT Youth Scotland.
13. http://www.legislation.gov.uk/ukpga/2010/15/section/12
14. In this guidance the term 'family' includes parents, carers and legal guardians.
15. Professional Standards 2021 | General Teaching Council for Scotland (gtcs.org.uk).
16. www.gtcs.org.uk
17. 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.
18. 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 51
20. Further information on dealing with transphobic, biphobic and homophobic bullying is available from https://www.lgbtyouth.org.uk/media/1299/addressing-inclusion-2020.pdf
21. Guidance on recording and monitoring bullying incidents in schools https://www.gov.scot/publications/supplementary-guidance-recording-monitoring-bullying-incidents-schools/
22. See section 2 of the Offences (Aggravation by Prejudice) (Scotland) Act 2009 ("the 2009 Act"), discussed in more detail on page 60 of this document. The 2009 Act can be found here: https://www.legislation.gov.uk/asp/2009/8/contents. Once it is in force, the Hate Crime and Public Order (Scotland) Act 2021 will consolidate, modernise and extend existing hate crime legislation – and will replace the 2009 Act. The new Act can be found here: https://www.legislation.gov.uk/asp/2021/14/contents. However, for the time being the 2009 Act continues to be the relevant legislation.
23. More information on reporting a hate crime or hate incident is at: https://www.scotland.police.uk/advice-and-information/hate-crime/
24. Please see further information on the age of criminal responsibility in Scotland at https://www.gov.scot/policies/youth-justice/raising-age-criminal-responsibility/
27. Please see paragraph 5.127 of the of Technical Guidance for Schools in Scotland for a definition of sexual orientation https://www.equalityhumanrights.com/en/publication-download/technical-guidance-schools-scotland
28. See definition of non-binary on page 51.
29. https://www.lgbtyouth.org.uk/media/1054/coming-out-guide-for-t-people.pdf
30. 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.
31. The SEEMiS system refers to a pupil's sex rather than gender and transgender young people may have the way their sex is recorded on their SEEMIS education records changed. See screenshot below.
32. A change in sex recorded within the SEEMiS system is not a legal change of sex, for which it is necessary to obtain a gender recognition certificate.
33. The term official here reflects the legal nature of the changes made.
34. Or any other administrative system which grant-aided or independent schools may use.
35. www.sqa.org.uk/sqa/75545.html
36. The functions of an education authority referred to here do not apply to independent and grant-aided schools.
37. http://www.legislation.gov.uk/ssi/2003/581/pdfs/ssi_20030581_en.pdf
38. Please see section on Data Protection Law on page 59 for further information
39. The term 'family' includes parents, carers and legal guardians.
40. https://www.mygov.scot/parental-responsibilities-rights/
41. https://www.nrscotland.gov.uk/registration/recording-change-of-forename-and-surname-in-scotland
42. See definition of non-binary on page 51.
43. Paragraph 1.26 of Technical Guidance for Schools in Scotland https://www.equalityhumanrights.com/en/publication-download/technical-guidance-schools-scotland
44. https://www.equalityhumanrights.com/en/publication-download/technical-guidance-schools-scotland
45. Toilets unblocked: A literature review of school toilets https://www.cypcs.org.uk/ufiles/Toilets-Literature-Review.pdf
46. Please see Whole-School Approach section for further information
47. https://everydayheroes.sps.ed.ac.uk/wp-content/uploads/2018/11/Executive-Summary.pdf
48. https://everydayheroes.sps.ed.ac.uk/wp-content/uploads/2018/11/Executive-Summary.pdf
49. Please see the section below on page 28 on addressing safety concerns
50. The Equality Act includes a specific exception in section 195(2) in relation to transgender people participating as competitors in a gender-affected) sport. Further information is provided at page 57
51. See definition of non-binary on page 51.
52. Ibid.
53. We recommend 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.
54. 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
55. 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.
56. http://www.legislation.gov.uk/ukpga/2010/15/schedule/23
57. Further information on legitimate aim is available on page 58
58. Further information on the provision of residential trips and communal accommodation is available on page 57
59. https://www.equalityhumanrights.com/en/publication-download/technical-guidance-schools-scotland
60. Please see further information on Confidentiality, Information Sharing and Child Protection on page 35
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 60 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 60 for information on legal capacity and decision making
66. See information on page 59 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.
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.
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 51.
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. The Scottish Government has committed to establish a working group to consider possible changes to procedures and practice in relation to non-binary people
83. https://education.gov.scot/Documents/health-and-wellbeing-eo.pdf
84. https://education.gov.scot/Documents/social-studies-eo.pdf
85. https://education.gov.scot/improvement/Learning-resources/Curriculum%20for%20Excellence%20Benchmarks
87. https://education.gov.scot/improvement/learning-resources/improving-gender-balance-3-18/
88. The Equality Act 2010 is generally a reserved matter for the UK Government and cannot be amended by the Scottish Parliament.
89. https://www.equalityhumanrights.com/en/equality-act-2010/what-equality-act
90. https://www.equalityhumanrights.com/en/publication-download/technical-guidance-schools-scotland Background
91. 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 https://www.equalityhumanrights.com/en/publication-download/technical-guidance-schools-scotland
92. 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. https://www.equalityhumanrights.com/en/publication-download/technical-guidance-schools-scotland
93. https://www.equalityhumanrights.com/en/publication-download/technical-guidance-schools-scotland
94. It is noted that the UK Government plans to develop and publish non-statutory guidance on how the separate single and separate sex service exemptions in the Equality Act 2010 apply. Please see paragraphs 5.53-5.56 of Gender Recognition Reform (Scotland) Bill, A consultation by the Scottish Government
95. https://www.equalityhumanrights.com/sites/default/files/servicescode_0.pdf paragraph 13.2
96. Paragraph 13.43 – 13.46 of the EHRC Services, public functions and associations statutory code of practice provides further advice and information on this https://www.equalityhumanrights.com/en/publication-download/services-public-functions-and-associations-statutory-code-practice
97. Paragraph 13.54 of the EHRC's Services, public functions and associations statutory code of practice https://www.equalityhumanrights.com/en/publication-download/services-public-functions-and-associations-statutory-code-practice
98. Paragraphs 5.28-5.30 of The Services, public functions and associations statutory code of practice provide advice on legitimate aim. https://www.equalityhumanrights.com/en/publication-download/services-public-functions-and-associations-statutory-code-practice
99. Paragraphs 9.2-9.7 set out the definition and advice in relation to communal accommodation. https://www.equalityhumanrights.com/en/publication-download/technical-guidance-schools-scotland
100. Paragraphs 5.32-5.38 https://www.equalityhumanrights.com/en/publication-download/technical-guidance-schools-scotland
101. Chapter 5 https://www.equalityhumanrights.com/en/publication-download/technical-guidance-schools-scotland
102. https://www.equalityhumanrights.com/en/publication-download/technical-guidance-schools-scotland paragraph 5.112
103. Equality Act 2010 Technical Guidance for Schools in Scotland https://www.equalityhumanrights.com/sites/default/files/equalityact2010-technicalguidance-schoolsinscotland-2015_0.pdf
104. https://www.gov.uk/data-protection
105. See section 3(10) of the 2018 Act.
106. 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/
107. See section 2 of the Offences (Aggravation by Prejudice) (Scotland) Act 2009 ("the 2009 Act"). The 2009 Act can be found here: https://www.legislation.gov.uk/asp/2009/8/contents. Once it is in force, the Hate Crime and Public Order (Scotland) Act 2021 will consolidate, modernise and extend existing hate crime legislation – and will replace the 2009 Act. The new Act can be found here: https://www.legislation.gov.uk/asp/2021/14/contents. However, for the time being the 2009 Act continues to be the relevant legislation.
108. However, they and their family can change the sex recorded on their other ID and records.
109. 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
110. https://www.sandyford.org/media/3744/304280_1_1-yp-gender-service-information.pdf
Contact
Email: incluedu@gov.scot
There is a problem
Thanks for your feedback