Non-binary equality action plan

Section 6 - 5. Children and Young People

Objective

Schools and support services have more inclusive processes and practices that take into account the needs of non-binary children and young people.

Context

We must ensure that education is inclusive of non-binary children and young people and that teachers have the knowledge and skills to work with them, support them and include them. The National LGBT Survey 2018 found that at schools across the UK, 13% of non-binary and trans respondents reported that most of their teachers and other school staff had been understanding to issues facing trans, gender-fluid and non-binary pupils, in general. In contrast, 68% said staff had been not very, or not at all, understanding. Of the participants who had transitioned while at school, non-binary people reported receiving less support from school (21%) compared to other transgender pupils (46% of trans men and 41% of trans women) when reflecting on their school experiences.

As part of our programme of work on Inclusive Education, we will evaluate its impact on non-binary children and young people and work collaboratively with them to do so. We will also work with the Scottish Education Management Information System provider (SEEMiS) to include a gender identity option to record non-binary pupils.

We will also make sure that LGBTQI+ children and young people have the opportunity to participate in our vision and delivery of the Bairns’ Hoose in Scotland.

We remain absolutely committed to incorporating the United Nations Convention on the Rights of the Child into Scots Law within the powers of the Scottish Parliament, ensuring we are a country that respects, protects and fulfils children’s rights. The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill (UNCRC Bill) as originally passed could not receive Royal Assent due to a Supreme Court judgment that certain provisions were outwith the legislative competence of the Scottish Parliament. A motion to reconsider the Bill was passed by the Scottish Parliament on 14 September 2023 and the amendments to the Bill were formally lodged with the Parliament on 18 September 2023. The timetable for consideration of amendments is for Parliament to agree.

The UN Committee on the Rights of the Child’s Interactive Dialogue session with the UK State party, including the devolved administrations, took place in Geneva on 18 and 19 May 2023. Following this session, the UN Committee published its Concluding Observations for the UK on 2 June 2023. These set out around 200 recommendations for taking forward children’s rights across a wide range of policy areas, including recommendations which aim to ensure that children are protected from discrimination, bullying or harassment. The Scottish Government will publish its initial response to the UN Committee’s Concluding Observations before the end of the year.

Commitments

Our commitments reflect the recommendations of the Working Group on Non-Binary Equality. Where we accepted a recommendation, the wording of the commitment relating to that recommendation remains the same. Where we partially accepted a recommendation, our commitment reflects the aspects of the recommendation that we accepted. The numbering of the commitments reflects that of the recommendations. The commitments used to develop this section of the plan are as follows:

Commitment 29

Embed the needs of non-binary children, and all LGBTQI+ children, into the delivery of a Bairns’ Hoose in Scotland.

Commitment 34

Work with the developers of SEEMiS to explore adding options other than male or female for recording pupils and engage with SEEMiS and the Qualifications Authority to ensure there is relevant linking and updating of guidance for schools.

Commitment 35

Evaluate the ongoing work of implementing LGBT Inclusive Education after one year, collaboratively with non-binary pupils, to investigate the specific impact of the work for them, and any changes needed to ensure that they equally benefit from the work in the future.

Children and Young People

Actions

8.1 We will publish a Participation and Engagement Plan for children and young people. This will describe how the voices of children, including LGBTQI+ children, will be embedded in the development delivery of Bairns’ Hoose in Scotland.

Commitment

29

Timescales

Short Term

Impact

This will improve our understanding of the needs of non-binary children who access crisis support services, and help to remove barriers to access.

Partners

National Bairns’ Hoose Governance Group

Healthcare Improvement Scotland

Actions

8.2 We will complete a Children’s Rights and Wellbeing Impact assessment on the Bairn’s Hoose Project, which will be informed by engagement with LGBTQI+ organisations.

Commitment

29

Timescales

Short Term

Impact

This will improve our understanding of the needs of non-binary children who access crisis support services, and help to remove barriers to access.

Partners

National Bairns’ Hoose Governance Group

Healthcare Improvement Scotland

Actions

8.3 We will conduct an Equality Impact Assessment, which will help shape our policy development and understand the impacts of Bairns’ Hoose on specific groups including LGBTQI+ children. This will be informed by engagement with LGBTQI+ organisations.

Commitment

29

Timescales

Short Term

Impact

This will improve our understanding of the needs of non-binary children who access crisis support services, and help to remove barriers to access.

Partners

National Bairns’ Hoose Governance Group

Healthcare Improvement Scotland

Actions

8.4 In conjunction with analytical colleagues we will set dates to meet with SEEMiS to explore options to ensure non-binary identities are recognised, while ensuring consistency across school data management systems.

Commitment

34

Timescales

Short Term

Impact

This will support non-binary young people to feel respected at school, reducing stress and encouraging them to participate equally as part of the school community.

Partners

SEEMiS

Scottish Qualifications Authority (SQA)

Scottish Government analytical teams

Actions

8.5 We will evaluate the implementation of LGBT inclusive education one year after full implementation, including the impact of implementation upon the understanding and opinions of trans and non-binary pupils and their cisgender peers towards gender stereotypes and diverse gender identities including non-binary identities.

We will work with stakeholders to convene a focus group of non-binary young people to share their experiences of education since the implementation of LGBT inclusive education.

Commitment

35

Timescales

Short Term

Impact

This will improve understanding of barriers faced by non-binary young people in education and the impact on them of inclusive education.

This will demonstrate whether LGBT inclusive education is proving effective in improving pupils’ and teachers’ understanding of the barriers faced by non-binary young people in education. The focus group will gauge the direct impact of LGBT inclusive education on non-binary learners; while the wider evaluation of LGBT inclusive education will gauge the indirect impact of implementation in creating more positive learning environments for non-binary learners through increasing respect and understanding of non-binary identities among their peers and educators.

Partners

LGBT Inclusive Education Implementation Group