LGBT in Education: FOI release

Information requested

1) Who designed the LGBT Curriculum for secondary schools and their qualifications?

2) What nominating bodies appointed a representative to the LGBT Inclusive Education Implementation Group (Implementation Group) and the representative's qualifications?

3) Who has a right to claim an exemption from this education and the grounds of exemption?

4) What safeguards are there to prevent abuse by way of grooming, coercion, and/or punishment for refusal to engage?

5) Why is the website lgbteducation.scot not accessible to parents?

6) Given that 0.8% of pupils are at risk of transgender, why is it being made the responsibility of teachers instead of properly qualified and resourced professionals?

7) Given that per the census of population 2021, LGBT people comprise 3.6% of the population, what has been the cost of this one and only initiative in the world and are other groups going to dominate the work of the Scottish Government?

Response

1. Who designed the LGBT Curriculum for secondary schools and their qualifications?

Information about the LGBT Inclusive Education approach, aligned to Curriculum for Excellence is available from About – LGBT Inclusive Education | National Platform (lgbteducation.scot). Information about the qualifications of those on the LGBT Inclusive Education Working Group is not held. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. You asked for the qualifications of those who designed the LGBT Curriculum. The Scottish Government does not hold this information.

This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

2. What nominating bodies appointed a representative to the LGBT Inclusive Education Implementation Group (Implementation Group) and the representative's qualifications?

A list of organisations represented on the LGBT Inclusive Education Group is available at LGBT Inclusive Education Implementation Group - gov.scot (www.gov.scot).

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. You asked for the qualifications of those represented on the LGBT Inclusive Education Implementation Group. The Scottish Government does not hold information on the qualifications of members of external organisations.

This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

3. Who has a right to claim an exemption from this education and the grounds of exemption?

There is no general withdrawal right from the curriculum in Scotland. Parents and carers do have the right to withdraw their child from learning in specific circumstances. These are:

1. Withdrawal from all or part of a planned sexual health education programme in Relationships, Sexual Health and Parenthood (RSHP) education. In this context, withdrawal relates only to sexual health education programmes or lessons and not, for example, broader RSHP (or Health and Wellbeing) lessons that may relate to respect and tolerance of difference or anti-bullying. Full information about RSHP withdrawal is included in the Conduct of Relationships, Sexual Health and Parenthood (RSHP) Education statutory guidance (2014) from the Scottish Government. The relevant information is covered in Paragraphs 56 to 61 (p. 13). The statutory guidance notes that some aspects of RSHP education may be discussed in many areas of the curriculum (such as positive and healthy relationships, respect for all, or rights) and therefore "...it would not be possible for a child or young person to be withdrawn from lessons across the curriculum as this would prevent the child or young person from receiving an adequate and holistic education." (p. 13)

2. Withdrawal from participation in Religious and Moral education, and Religious Education in Roman Catholic schools. This is a statutory right under section 9 of the Education (Scotland) Act 1980. Further information is available in Paragraphs 7 and 8 here.

Where LGBT-related content or themes arise within normal teaching and learning across curriculum areas (for example, a video about discrimination which includes homophobia during planned learning in Health and Wellbeing or learning about rights movements in Social Studies) it would not be possible for a withdrawal request to be granted. This is because it does not relate to a sexual health education programme as part of RSHP education. There is no separate right to claim an exemption from LGBT inclusive education outwith the circumstances outlined above.

4. What safeguards are there to prevent abuse by way of grooming, coercion, and/or punishment for refusal to engage?

Registered teachers in Scotland are expected to conduct themselves in accordance with the General Teaching Council for Scotland (GTCS) Code of Professionalism and Conduct. The GTCS Code of Professionalism and Conduct states that teachers “should not harm or use physical violence against a child or pupil in or outwith the educational establishment context”. If an employer or other persons have concerns about the professional conduct of a teacher registered with the GTCS, they can refer these to them directly to consider examining this further. GTCS is an independent body and Scottish Ministers have no locus to intervene their fitness to teach procedures.

Professional Standards for teachers were first established in Scotland in 2000. They were reformed in 2012 and enacted in 2013 as a reconceptualised model of teacher professionalism, supported by the introduction of Professional Update. The Professional Standards are the benchmark of competence required of all registered teachers in Scotland. As part of the Standards for Registration, all teachers in Scotland are required to demonstrate a depth of knowledge and understanding of how to critically engage with current, relevant legislation, policies and national and local guidance; as well as contractual, pastoral and legal responsibilities, for example, in relation to equality, diversity, inclusion, additional support needs, child protection, and wellbeing. Teachers are also required to demonstrate understanding of health and wellbeing and the importance of positive and purposeful relationships to provide and ensure a safe and secure environment for all learners and colleagues within a caring and compassionate ethos.

5. Why is the website lgbteducation.scot not accessible to parents?

The website is publicly accessible including to parents at LGBT Inclusive Education | National Platform (lgbteducation.scot).

6. Given that 0.8% of pupils are at risk of transgender, why is it being made the responsibility of teachers instead of properly qualified and resourced professionals?

It is unclear what the “it” is that is referred to in your request for this part. Schools are subject to the provisions of the Equality Act 2010. They are required to prevent direct and indirect discrimination, alongside other duties. School staff are therefore required to ensure that all pupils, with any protected characteristics, including that of gender-reassignment, do not experience discrimination, directly or indirectly, as employees of the education authority, or independent or grant-aided school that employs them. Further information on the Equality Act duties as they apply to schools is available from Technical guidance for schools in Scotland | EHRC (equalityhumanrights.com)

7. Given that per the census of population 2021, LGBT people comprise 3.6% of the population, what has been the cost of this one and only initiative in the world and are other groups going to dominate the work of the Scottish Government?

I have assumed your query is in relation to the cost of developing and implementing LGBT inclusive education.

2020/21	£59,000
2021/22	£321,000
2022/23	£321,000
2023/24	£321,000

Your request for information about “are other groups going to dominate the work of the Scottish Government?” constitutes a subjective opinion, consequently, that information is not held by the Scottish Government and no information can be provided. Information on this point is included within Tips for Requesters when submitting FOIs (Tips for requesters (itspublicknowledge.info)

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.