Non–binary equality action plan 2023-2028: progress report 2024
The report provides detail on the progress made during 2024, our first year of this five-year plan. It outlines some of our key achievements, and describes what we said we would do, what we have done, and what our next steps are.
Data and Research
Commitment 17
Develop a plan to use the data from the trans status question used in Scottish Government core surveys and the Scottish Census to produce evidence on non-binary people in Scotland that can better inform policymaking, where possible.
Commitment 18
Support specific research and evidence-gathering with non-binary people in the absence of high enough response rates from non-binary people in population-level surveys.
Commitment 20
Produce clear guidance for service providers on the gathering of sex/gender information.
Commitment 23
Review the Chief Statistician’s Sex and Gender in Data Guidance regularly and ensure better inclusion of trans and non-binary people in the review process.
Commitment 24
Commission expert research on non-binary legal recognition.
Commitment 27
Gather evidence on the specific challenges and barriers trans and non-binary people face when accessing public spaces and the key regulatory levers to address this. Use this data to inform our approach to making buildings useable and accessible for all.
Commitment 31
Improve data collection on sex/gender, sexual orientation and trans status within support and crisis services.
Action 7.1
What we said we would do
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.
What we have done so far
National Records of Scotland published high level data from the ‘trans status or history’ census question on 27th June. The coding framework which was used to analyse the free text responses to the ‘trans status or history’ census question has been added to the guidance on collecting data on sex and gender.
Next steps
The Office of the Chief Statistician will update the accompanying note within the guidance to include more information about how the coding framework was developed and what it should be used for in Winter 2024/2025.
Timescale
Short-term
Status
Complete
Action 7.2
What we said we would do
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.
What we have done so far
National Records of Scotland published high level data from the ‘trans status or history’ census question on 27th June.
Next steps
National Records of Scotland will publish further breakdowns from the Census 22 trans status or history question. This will be published in 2025 after the Statistical Disclosure Control process has been completed. Statistical Disclosure Control is in place to protect privacy.
Timescale
Short-term
Status
In progress
Action 7.3
What we said we would do
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.
What we have done so far
The coding framework has been shared amongst Scottish Government analysts and other official statistics producers which will ensure better recording of non-binary and trans people’s data. This improvement in the framework will allow for better and more informed policies in future which affect non-binary and trans people in Scotland.
Timescale
Short-term
Status
Complete
Action 7.4
What we said we would do
OCS and NRS will monitor the use and effectiveness of the framework and the value of associated outputs.
Timescale
Long-term
Status
Not started
Action 7.5
What we said we would do
We will carry out and publish a review of available quantitative and qualitative evidence on the experiences of non-binary people in Scotland.
What we have done so far
We published the Evidence Review on Non-Binary People’s Experiences in Scotland in November 2024. This review involved engaging with policy and analyst colleagues across government and LGBTQI+ stakeholder organisations. This engagement was an important step towards further understanding of non-binary, trans and wider LGBTQI+ experiences in Scotland.
Timescale
Short-term
Status
Complete
Action 7.6
What we said we would do
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.
What we have done so far
The quantitative data in the Equality Evidence Finder is currently being updated. The workplan for the Equality Evidence Finder is currently considering how to incorporate more qualitative and intersectional data. Where possible, non-binary data from Scottish Government and its agencies will be included.
Next steps
We will continue to update existing evidence in the Equality Evidence Finder and improve the website's useability/accessibility. Following this, we will begin to add in new data and evidence, including non-binary data, where possible.
Timescale
Long-term
Status
In progress
Action 7.7
What we said we would do
Following 7.5, we will engage with stakeholders to identify and agree priorities for filling evidence gaps.
What we have done so far
The Equality Analysis Team presented a summary of the Evidence Review to LGBTQI+ stakeholders in May and stakeholders were able to comment on the initial findings. Following this meeting and upon completion of the final draft of the Evidence Review, LGBTQI+ stakeholder organisations were offered individual meetings to discuss the evidence gaps and share any unpublished data or research that had not been considered.
Next steps
We will reconsider research in 2025 and will re-engage with stakeholders to agree priorities for filling evidence gaps. The timescale of this action has been adjusted from short-term to medium-term due to a decision not to procure research at present, after the completion of the Evidence Review and following discussions with stakeholders. This was due to several factors, including substantial evidence being gathered during the evidence review process, no agreed priority area being identified by either Scottish Government or by stakeholders, and a reluctance to over-consult with the community where there is no clear benefit from doing so.
Timescale
Medium-term
Status
In progress
Action 7.8
What we said we would do
Alongside 7.7, we will work with stakeholders to co-design research to fill priority gaps, working within available budget and other resource constraints.
What we have done so far
In addition to discussing the knowledge gaps identified in the Evidence Review (see 7.7), meetings with LGBTQI+ stakeholder organisations focused on the proposed research approach to fill these knowledge gaps.
Next steps
We will revisit the possibility of research in 2025 and will work with stakeholders to co-design research within budget and other resource constraints. We will analyse data drawn from Scotland Census 2022 on non-binary people in Scotland, to explore if it can fill any evidence gaps relating to demographics and outcomes, as identified in the Evidence Review of Non-Binary People's Experiences. The timescale of this action has been adjusted from short-term to medium-term due to a decision not to procure research at present, after the completion of the Evidence Review and following discussions with stakeholders. This was due to several factors, including substantial evidence being gathered during the evidence review process, no agreed priority area being identified by either Scottish Government or by stakeholders, and a reluctance to over-consult with the community where there is no clear benefit from doing so.
Timescale
Medium-term
Status
In progress
Action 7.9
What we said we would do
We will publish a report of findings from the commissioned research in 7.8.
Timescale
Medium-term
Status
Not started
Action 7.10
What we said we would do
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’).
What we have done so far
The coding framework which was used to analyse the free text responses to the ‘trans status or history’ census question has been added to the guidance on collecting data on sex and gender.
Status
Complete
Action 7.11
What we said we would do
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.
What we have done so far
We are currently reviewing how the guidance has been used by Public Bodies. We are conducting initial engagement on the uptake of the guidance, beginning with a series of roundtable meetings which will be held by the end of 2024.
Next steps
We will carry out a full review before the end of 2026. We will use findings from the roundtable meetings to inform our review on the usage of the guidance.
Timescale
Medium-term
Status
In progress
Action 7.12
What we said we would do
We will review how well the Chief Statistician’s Sex and Gender in Data Guidance has been adopted and user engagement with stakeholders.
What we have done so far
User engagement with stakeholders has commenced. Statistics producers have responded to a survey to understand how aware statisticians are of the guidance and how it has been adopted.
Next steps
We will continue to engage with statistics producers in early 2025 to understand how they use the guidance and to gather feedback.
Timescale
Short-term
Status
In progress
Action 7.13
What we said we would do
We will then plan to potentially update the Chief Statistician’s Sex and Gender in Data Guidance and conduct further stakeholder feedback, if applicable.
Timescale
Medium-term
Status
Not started
Action 7.14
What we said we would do
We will procure an external supplier to research legal recognition of non-binary people.
Next steps
The timescale of this action has been adjusted from short-term to medium-term while we consider the best route to undertake the research to achieve rigorous and robust outcomes.
Timescale
Medium-term
Status
Not started
Action 7.15
What we said we would do
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.
What we have done so far
We considered this action in the context of the Evidence Review on Non-Binary People’s Experiences in Scotland and included a chapter on the experiences of non-binary people accessing public services. We have started scoping work to help build our understanding of the issues faced by non-binary people, expanding this to look at public spaces and services more broadly.
Next steps
We will continue further scoping of this area, considering it in a broader context before any work is undertaken, given the complexity of the action and will continue to discuss with stakeholders as we progress this action.
Timescale
Medium-term
Status
In progress
Action 7.16
What we said we would do
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.
Timescale
Medium-term
Status
Not started
Action 7.17
What we said we would do
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.
Timescale
Medium-term
Status
Not started
Action 7.18
What we said we would do
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.
What we have done so far
The data review project is underway and currently considering the appropriateness and feasibility of gathering equalities data.
Next steps
We will use information provided by local authority data providers regarding changes required and the timescales for this to inform our next steps, which we expect by early 2025. The timescale of this action has been adjusted from short-term to medium-term as the project is estimated to conclude with all changes implemented by end of 2026/early 2027. As part of the project, consideration will be given as to whether it is feasible to implement any changes earlier than this.
Timescale
Medium-term
Status
In progress
Action 7.19
What we said we would do
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.
What we have done so far
Equalities data has been collected as per Inspiring Scotland's Fund Management Contract. Data identified that the Equality and Human Rights Fund is supporting a higher proportion of females and non-binary people, compared to those in Scotland general population. This is as expected given sex and gender discrimination. In the census, non-binary is included in the transgender total, and accounts for almost half of trans people, which accounts for the 0.2% of individuals supported.
Next steps
We will continue to engage with Inspiring Scotland, and organisations funded by the Equality and Human Rights Fund and Delivering Equally Safe, during 2025 to identify a proportionate response to data collection which is useful for both the organisations and funding bodies.
Timescale
Short-term
Status
In progress
Contact
Email: lgbtipolicy@gov.scot
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