Scottish Trans and the Gender Identity Healthcare Services Standards: FOI release

Information requested

On 3rd of September 2024, the Scottish Government, via Health Improvement Scotland, released a document entitled ‘Gender Identity healthcare services standards’. This was posted at 10.10am. At 10.21am a Governemnt funded lobby group named Scottish Trans, part of Equality Network, posted a thread on this document on X with a link to their comprehensive analysis (link to thread: https://x.com/scottishtrans/status/1830899013652033918?s=46 and to analysis: https://t.co/CS5TroizFn). Having read the document myself, there is simply no way possible that this organisation read it, posted an analysis on their website and posted a thread on X within 11 minutes.

I would therefore like to ask several questions;

1. Did Scottish Trans receive the document ahead of the public? Was this sent to them by a Minister or a civil servant?

2. Please also provide any communication (email, WhatsApps, meeting notes) between the Scottish Government/Minsters and Scottish Trans/Equality Network over the past 12 weeks relating to this document. 

Response

Point 1 Did Scottish Trans receive the document ahead of the public? Was this sent to them by a Minister or a civil servant?

In answer to your first question Scottish Government has no record of a Minister or Scottish Government official sharing the document you refer to, Healthcare Improvement Scotland’s Gender identity healthcare: Adults and young people standards, with Scottish Trans/the Equality Network, prior to its publication by Healthcare Improvement Scotland on 3 September.

On 2 September, the day before the publication, Scottish Government officials highlighted planned publications due on 3 September to the National Gender Identity Healthcare Reference Group. A representative from Scottish Trans is a member of the National Gender Identity Healthcare Reference Group. The, at that time unpublished, standards document was not attached. This communication is provided as Document 1.

The 2 September communication was followed by a 3 September communication providing the membership of the National Gender Identity Healthcare Reference Group with links to all published documents. This communication was sent at 4:40PM on 3 September after Healthcare Improvement Scotland published the standards on their website. This communication is provided as Document 2.

You may wish to note that while the Scottish Government commissioned the development of the Gender identity healthcare: Adults and young people standards they were developed by Healthcare Improvement Scotland. You may wish to contact his.standardsandindicators@nhs.scot if you require further information.

Point 2 Please also provide any communication (email, WhatsApps, meeting notes) between the Scottish Government/Minsters and Scottish Trans/Equality Network over the past 12 weeks relating to this document.

I interpreted your request as:

Within the defined period of the 12 weeks preceding your request on 3 September, any correspondence/communication sent by Scottish Government officials or Ministers to Scottish Trans/Equality Network or that Scottish Government officials or Ministers received from the same organisation in any format related to the Healthcare Improvement Scotland standards document ‘Gender identity healthcare: Adults and young people’. Within the defined period, any notes in any format of meetings and discussions which were wholly or in part related to the document ‘Gender identity healthcare services standards’ between Scottish Government/Ministers and Scottish Trans are
in scope.

I enclose a copy of some of the information you requested.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under sections s.25, s29(1)(a) and s38(1) of FOISA apply to some of the information you have requested.

Some of the information you have requested is publicly available from:

• Scottish-Trans-MSP-briefing-for-Ministerial-Statement-on-Gender-Identity-Healthcare-for-Young-People-–-Update-and-New-National-Standards-3.9.24.pdf (scottishtrans.org)
• National Gender Identity Healthcare Reference Group minutes: June 2024 - gov.scot (www.gov.scot)

Under section 25 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 websites listed, then please contact me again and I will send you a paper copy.

Section 29(1)(a) states that information is exempt under section 29(1)(a) if it relates to the formulation or development of government policy.

Section 38(1)(b) states that “information is exempt information if it constitutes personal data and the first, second or third condition is satisfied (see subsections (2A) to (3A)).” Subsection 2A(a) states that “the first condition is that the disclosure of the information to a member of the public otherwise than under this Act would contravene any of the data protection principles”.

You can find a more detailed explanations of why these exemptions apply in Annex A to this letter.

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.

FOI 202400430075 - Information Released - Annex A

File type

2 page PDF

File size

103.9 kB

FOI 202400430075 - Information Released - Annex B

File type

18 page PDF

File size

543.4 kB