Non-binary equality action plan

Appendix 3 – Action Summary Table

Theme

1. Participation in Decision-Making

Actions

1.1 We will develop guidance and a process for paying participant expenses and compensating participants for their time when taking part in projects.

Short Term - End of 2024

1.2 We will seek to influence Department for Work and Pensions (DWP) with the aim that payment for involvement in participatory projects does not negatively impact those who are claiming DWP benefits.

Short Term - End of 2024

1.3 We will continue to improve the Scottish Government’s Participation Framework, starting with a focus on improving its coverage of inclusive practice.

Short Term - End of 2024

Theme

2. Healthcare

See Strategic Action Framework for NHS Gender Identity Service Improvement for ongoing work to improve transition-related healthcare. As our framework runs until late 2024, we envisage that most of the work will be completed in the short term (end of 2024) with the rest in the medium term (end of 2026).

Theme

3. Mental Health and Primary Care

Actions

3.1 We will work with NHS Boards, councils and integration authorities to strengthen accountability for public bodies delivering mental health services in order to support how mental health inequalities are addressed at a local service level, identifying the levers available to effect change in mental health service delivery.

Medium Term - End of 2026

3.2 We are developing quality standards to support general adult secondary mental health services. These are being created as part of a suite of standards and specifications for mental health services (including Psychological Therapies and Interventions and Eating Disorders), building on the work of the CAMHS service and neurodevelopmental specifications.

The standards have an equalities, human rights and person-centred approach at their centre. We expect them, alongside strengthened local accountability, to support how health inequalities are addressed at a local level and effect change to mental health service delivery.

Medium Term - End of 2026

3.3 We will continue to develop a series of impact assessments, including an Equality Impact Assessment (EQIA), for the proposed actions in the new Mental Health and Wellbeing Workforce Action Plan. This will ensure that they address both the challenges facing the mental health and wellbeing workforce as well as ensuring that the workforce are supporting the needs of trans and non-binary people.

Medium Term - End of 2026

3.4 Improve Equality, Diversity and Inclusion training for the Mental Health and Wellbeing workforce to incorporate up to date messaging within existing training and relevant information on equalities, including non-binary, transgender and LGBTQI+ equality.

Medium Term - End of 2026

3.5 We will look closely at developing capability and capacity in the completion of Equality Impact Assessments (EQIAs) as part of the programme of equalities and human rights work being taken forward in the Scottish Government’s Mainstreaming Strategy.

Short Term - End of 2024

3.6 We will put in place structures within the Mental Health Directorate to ensure we meet Commitment 9 going forward as part of the programme of work being taken forward by the Mental Health Equality Champion Network.

Short Term - End of 2024

3.7 We have commissioned NHS Education Scotland to develop a transgender healthcare knowledge and skills framework for NHS Scotland staff, including those working in primary care and mental health services.

Medium Term - End of 2026

Theme

4. Fertility Preservation

Actions

4.1 We will develop patient information leaflets for fertility preservation by 2024.

Short Term - End of 2024

4.2 We will finalise and implement the fertility preservation guidance for all groups of patients that may require access by 2024.

Short Term - End of 2024

4.3 NHS Inform will be updated with information on fertility treatments (assisted reproduction services) that are available for trans and non-binary people in Scotland by 2024.

Short Term - End of 2024

4.4 Fertility Scotland National Network will arrange training webinars once the fertility preservation guidance has been published for early 2024.

Short Term - End of 2024

Theme

5. Legislation, Guidance and Access to Services

Actions

5.1 We will produce guidance for individuals, including for trans and non-binary people, on how to change your name in Scotland.

Short Term - End of 2024

5.2 Trans and non-binary inclusion issues will continue to be considered as we continuously review our internal Equality Impact Assessment (EQIA) guidance. In live training and coaching sessions, we will explicitly prompt policy teams to consider impacts on trans and non-binary people when conducting EQIAs. This will ensure that their needs are actively and thoughtfully addressed, upholding their rights under the Equality Act 2010.

Medium Term - End of 2026

5.3 We will continue to follow the ongoing policy to use gender neutral language in all legislative drafting. The latest published edition of the drafting guidance, Drafting Matters!, includes an express reference to non-binary people in regards to the use of gender-specific pronouns as well as alternatives to gender-specific nouns.

Medium Term - End of 2026

5.4 We will develop a reusable Digital Identity Service, which would reduce the need for repeated use of traditional identity documentation, which may include gender markers, and reduce the need for organisations to verify and store unnecessary information about individuals when providing services to them.

Medium Term - End of 2026

5.5 We will assess the suitability of emerging UK and International frameworks for the development of standards based digital identities.

Short Term - End of 2024

5.6 We will explore non-binary people’s experience of the continuum of gender-based violence in order to develop a greater understanding on which to build an evidence-based approach to policy making, service provision and funding.

Short Term - End of 2024

5.7 We will consult with VAWG and LGBTQI+ organisations within the engagement process of the Equally Safe strategy refresh.

Short Term - End of 2024

Theme

6. IT Systems

Actions

6.1 We will complete an initial review with relevant policy colleagues and the Chief Medical Officer (CMO) by end April 2024 to understand how the demographic information held in the new CHI system might reflect the range of non-binary definitions, and explore options, including in other core health systems.

Short Term - End of 2024

6.2 We will complete a review with the Chief Medical Officer by end April 2024 in the context of Scotland’s Data Strategy for Health and Social Care on the wider clinical impact of amendments to the CHI number.

Short Term - End of 2024

6.3 We will complete a review by end December 2023 on lessons learned from our current work on the new CHI project.

Short Term - End of 2024

6.4 We will ensure that new online services have assessed the needs and impacts of the services on non-binary people. New online services are independently assessed to ensure they follow set standards. This assessment will review the approach the team have taken and ensure that any actions identified for non-binary people have been followed through.

Medium Term - End of 2026

Theme

7. Data and Research

Actions

7.1 Analysts in Scottish Government (SG) and National Records of Scotland (NRS) will work collaboratively to evaluate the emerging data from SG surveys that include the trans status question and develop a draft coding framework that can be used to analyse the outputs from the free text responses collected via the trans status question.

Short Term - End of 2024

7.2 NRS to publish outputs on the trans status or history question from the 2022 Scotland’s Census. This will include publishing an analytical report. This report will include more detailed analysis on this topic which may not be possible through the Flexible Table Builder due to Statistical Disclosure Control.

Short Term - End of 2024

7.3 The Office of the Chief Statistician (OCS) will promote the framework across teams that collect data using the trans status question to ensure a consistent approach to analysis and reporting.

Short Term - End of 2024

7.4 OCS and NRS will monitor the use and effectiveness of framework and the value of associated outputs.

Long Term or Ongoing - End of 2028

7.5 We will carry out and publish a review of available quantitative and qualitative evidence on the experiences of non-binary people in Scotland.

Short Term - End of 2024

7.6 Following 7.5, we will expand the range of evidence on non-binary people’s experiences presented on the Equality Evidence Finder to include third sector and academic research.

Long Term or Ongoing - End of 2028

7.7 Following 7.5, we will engage with stakeholders to identify and agree priorities for filling evidence gaps.

Short Term - End of 2024

7.8 Alongside 7.7, we will work with stakeholders to co-design research to fill priority gaps, working within available budget and other resource constraints.

Short Term - End of 2024

7.9 We will publish a report of findings from the commissioned research in 7.8.

Medium Term - End of 2026

7.10 We will publish guidance for public bodies, including recommended questions to ask, to gather information on sex and gender. This will include a question on trans status, where individuals are invited to complete a free response question to share their identity in their own words (including, for example, ’trans’ or ‘non-binary’).

Complete

7.11 We will monitor and review the guidance from 7.10 on an ongoing basis, allowing time for the guidance to be implemented before considering any changes.

Medium Term - End of 2026

7.12 We will review how well the Chief Statistician’s Sex and Gender in Data Guidance has been adopted and user engagement with stakeholders.

Short Term - End of 2024

7.13 We will then plan to potentially update the Chief Statistician’s Sex and Gender in Data Guidance and conduct further stakeholder feedback, if applicable.

Medium Term - End of 2026

7.14 We will procure an external supplier to research legal recognition of non-binary people.

Short Term - End of 2024

7.15 As explained in the Scottish Government response to Recommendation 27, we recognise that this recommendation needs to be considered far beyond the cited regulations. Accordingly, we will launch a ‘Call for Evidence’ seeking evidence and examples of barriers to accessing public buildings, which will consider the accessibility, safety and dignity of non-binary people and other marginalised groups.

Medium Term - End of 2026

7.16 We will commission research to identify and critically assess the current regulations, standards and guidance which act to influence the provision and/or operation of Scotland’s public buildings in a way that impacts trans and non-binary people.

Medium Term - End of 2026

7.17 Based on the outcomes of actions 7.15 and 7.16, we will review the relevant regulations, standards and guidance, that are within our devolved competence, to remove (as appropriate) identified barriers to accessing and using public buildings.

Medium Term - End of 2026

7.18 We will review the homelessness data collections to identify changes required to bring them up to date and address any gaps. This project will consider the feasibility of collecting sufficiently high quality data on sex/gender, sexual orientation and trans status.

Short Term - End of 2024

7.19 We will work with Inspiring Scotland on their data capture project. As a first step, we will gather a range of data on people accessing Delivering Equally Safe (DES) and Equality and Human Rights (EHRF) funded services via a survey including data on sex, sexual orientation, trans status and non-binary status.

Short Term - End of 2024

Theme

8. 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.

Short Term - End of 2024

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.

Short Term - End of 2024

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.

Short Term - End of 2024

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.

Short Term - End of 2024

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.

Short Term - End of 2024

Theme

9. Sport

Actions

9.1 We will support our national agency for sport, sportscotland, to deliver workshops and learning development opportunities to Scottish governing bodies of sport on the guidance for transgender participation in domestic sport. This will include encouraging sports to think in innovative and creative ways to ensure nobody is left out, and recommend meaningful and respectful consultation in developing sport-specific guidance.

Short Term - End of 2024

9.2 We will support our national agency for sport, sportscotland, to allocate resources to offer one-to-one support to sports governing bodies that want to develop new policies for transgender participation in their sport.

Short Term - End of 2024