Publication - Impact assessment
Supporting transgender young people in schools: equality impact assessment
Assessing how the policy on supporting transgender pupils in school will work best, and how it could affect other groups.
Stage 2: Data and evidence gathering, involvement and consultation
There is limited information available on transgender young people in schools. This is acknowledged below. In preparing this EQIA and the associated CRWIA of the Supporting Transgender Young People in schools a wide range of information and advice was considered. This has included a range of research, statistical information and other sources of potential evidence.
Include here the results of your evidence gathering (including framing exercise), including qualitative and quantitative data and the source of that information, whether national statistics, surveys or consultations with relevant equality groups.
| Characteristic[2] | Evidence gathered and Strength/quality of evidence | Source | Data gaps identified and action taken |
|---|---|---|---|
| Age | The guidance will affect a particular age group, namely those of school age in Scotland. In 2019 there were 697,989 pupils in Scotland's local authority and grant-aided primary, secondary and special schools. These are school age pupils, between the ages of 5 and 19 years of age. There were 398,794 primary age pupils, 292,063 secondary age pupils and 7,132 pupils aged between 5 and 19 who are learning in special schools. | Table 2.1 https://www.gov.scot/publications/summary-statistics-schools-scotland-no-10-2019-edition | The schools provisions in Part 6 of the Equality Act 2010 do not apply to the a protected characteristic of age. https://www.equalityhumanrights.com/en/publication-download/technical-guidance-schools-scotland (para 5.103) Therefore it is not strictly necessary for this protected characteristic to be considered as part of this EQIA. That said, it is appropriate to understand who the guidance will apply to, and therefore this characteristic has been assessed. |
| The average age at referral to Scottish Gender Identity Clinics has fallen over time, and is currently 26 years for adults and 14 years for young people. | Scottish Public Health Network (ScotPHN) Health Care Needs Assessment of Gender Identity Services, May 2018, page 11 https://www.scotphn.net/wp-content/uploads/2017/04/2018_05_16-HCNA-of-Gender-Identity-Services-1.pdf | Currently trans young people are unable to undergo medical treatment (beyond hormonal treatment) under the age of 18 years of age. However, in order to be protected by the protected characteristic of gender reassignment it is not necessary for a medical transition to be undertaken. Please see paragraph 5.112 of the Technical Guidance for Schools in Scotland https://www.equalityhumanrights.com/en/publication-download/technical-guidance-schools-scotland | |
| Disability | In 2019 there were 18,465 pupils in Scotland's publically funded schools who are assessed or declared as having a disability. | Table 4.5: Pupil characteristics https://www.gov.scot/binaries/content/documents/govscot/publications/statistics/2019/12/summary-statistics-schools-scotland-no-10-2019-edition/documents/summary-statistics-schools-scotland/summary-statistics-schools-scotland/govscot%3Adocument/summary-statistics-schools-scotland.pdf | As it is not known how many people (including young people) identify as transgender in Scotland it is not possible to accurately indicate how many pupils may identify as transgender and who may also have a disability. |
| Stonewall Scotlandreported the results of a survey to which 1,261 Scottish LGBT people responded. Of those 33% (416) indicated that they have a disability. | LGBT Health in Scotland https://www.stonewallscotland.org.uk/sites/default/files/lgbt_in_scotland_-_health_report.pdf | It is not possible to disaggregate the data further to identify transgender young people within this evidence source. | |
| Research carried out by LGBT Youth Scotland showed that within a sample of 487 respondents, 22% of LGBT young people noted that they had a disability | https://www.lgbtyouth.org.uk/media/1354/life-in-scotland-for-lgbt-young-people.pdf | It is not possible to disaggregate the data further to identify transgender young people within this evidence source. | |
| This evidence suggests that toilets can be an area of challenge both for those who are transgender and those who have a disability. Research found "that many trans and disabled people experience significant difficulties in accessing a safe, usable and comfortable toilet away from home. There is a need for more all-gender toilet provision (sometimes known as 'gender neutral' toilets). " "A 'one size fits all' approach to toilet design doesn't work – there is no one toilet design to suit all users' needs. Nevertheless, consideration of all users and moves towards improvement are crucial." | Around the Toilet: a research project report about what makes a safe and accessible toilet space http://shura.shu.ac.uk/21258/1/Around%20the%20Toilet%20Report%20final%201.pdf | This is not school based research and therefore reflects a broader perspective which may apply also in schools. | |
| Sex | In 2019, there were 342,551 female pupils and 355,438 male pupils registered in Scotland's publically funded schools. | https://www.gov.scot/binaries/content/documents/govscot/publications/statistics/2019/12/summary-statistics-schools-scotland-no-10-2019-edition/documents/summary-statistics-schools-scotland/summary-statistics-schools-scotland/govscot%3Adocument/summary-statistics-schools-scotland.pdf | |
| The First Minister's National Advisory Council on Women and Girls 2018 First Report and Recommendations referred to evidence from Girlguiding UK "In 2015, 75% of girls and young women reported anxiety about experiencing sexual harassment, with 25% of 11 to 16 year olds saying that it made them consider whether to speak out in class. | Girlguiding UK (2015) Girls' Attitudes Survey https://www.girlguiding.org.uk/globalassets/docs-and-resources/research-and-campaigns/girls-attitudes-survey-2015.pdf | The survey reflects the views of 1,574 girls and young women aged between 7 and 21 who took part in the 2015 survey. Given that this sample size is small in comparison to the number of female pupils in Scotland's schools, and the age range extends beyond school age this source of evidence cannot be considered representative, therefore other sources of evidence on this matter have also been sought. | |
| Making Women Safer in Scotland: The Case for Standalone Misogyny Offence sets out a range of evidence on girls experience of bullying and sexual harassment in schools | https://www.engender.org.uk/content/publications/Making-Women-Safer-in-Scotland---the-case-for-a-standalone-misogyny-offence.pdf Page 10 | The report sets out a range of evidence from a number of sources including girls, women's organisations and media sources in relation to girls' experiences of bullying and sexual harassment in schools. These align to the concerns highlighted above. | |
| It is not Cool to be Cruel: Prejudice-based bullying and harassment of children and young people in schools found that "sexual harassment and intimidation is being experienced by children in both primary and secondary school. Gender played a key factor we found, and is disproportionately impacting girls and young women." | https://sp-bpr-en-prod-cdnep.azureedge.net/published/EHRiC/2017/7/6/It-is-not-Cool-to-be-Cruel--Prejudice-based-bullying-and-harassment-of-children-and-young-people-in-schools/5th%20Report%202017.pdf | The report provides a further source of evidence on the evidence presented to Committee by Women's and Children's organisations on girls experiences of bullying and harassment in schools. This source of evidence also aligns to the evidence highlighted above | |
| Young Women Lead Committee report on sexual harassment in schools. Set out evidence and recommendations which provide a starting point for action which the Lead Committee believe must be undertaken. | https://www.parliament.scot/WebSPEIRResources/YWL-Report-FINAL.pdf | This report sets out a wide range of evidence across a range of themes related to sexual harassment in schools. This evidence was gathered and presented by a group of young women and set out that "The impact of sexual harassment on girls is significant and can be long-lasting. It can negatively impact everything from their mental health to their relationships and career choices." Their focus groups found that "91% of participants considered sexual harassment or gender based bullying to be a problem at their school" and responses to their questionnaire reported that "54% did not feel protected from sexual harassment in schools, with 26% feeling "extremely vulnerable"" This evidence aligns to the concerns which have been highlighted in evidence elsewhere. | |
| 'Toilets unblocked: A literature review of school toilets' undertaken by the Commissioner for Children and Young People in Scotland indicated that both "boys and girls may limit their intake of fluids in order to avoid using bathrooms where they were inappropriately public facilities". The report also noted that privacy was important for children, and that toilets can be an area where young people believe that bullying may take place. | https://www.cypcs.org.uk/ufiles/Toilets-Literature-Review.pdf page 6, page 10 | This literature review sets out a range of evidence in relation to the use of toilets in schools by both girls and boys and highlights some of the concerns that young people face. | |
| Pregnancy And Maternity | In 2017, there were 1,319 teenage pregnancies, where the mother was aged 18 or under. | https://www.isdscotland.org/Health-Topics/Sexual-Health/Publications/2019-07-02/2019-07-02-TeenPreg-Report.pdf | Table 1 of the Teenage Pregnancy Report sets out the number of teenage pregnancies where the mother was aged 18 or under. It cannot be assumed that all of the mothers were attending school. Information on the number of pupils who are pregnant or mothers is not collected. |
| Gender Reassignment | In 2017 it was estimated that there were 183 appointed referrals to the Young People's Gender Service Glasgow. Whilst referrals to the service will not reflect the entire population of transgender young people in schools it provides an indication of the number of children and young people who are receiving support with their transition. While it was not possible to find a precise estimate of the number of trans people in Scotland, the most commonly used figure is 0.5% of the population, which would be just under 24,000 adults. The number of trans people accessing services at Scottish Gender Identity Clinics is much smaller than this, around 1800 adults and 600 children over the four year period from 2014 to 2017. | Scottish Public Health Network (ScotPHN) Health Care Needs Assessment of Gender Identity Services, May 2018, page 44 https://www.scotphn.net/wp-content/uploads/2017/04/2018_05_16-HCNA-of-Gender-Identity-Services-1.pdf Scottish Public Health Network (ScotPHN) Health Care Needs Assessment of Gender Identity Services, May 2018, page 11 https://www.scotphn.net/wp-content/uploads/2017/04/2018_05_16-HCNA-of-Gender-Identity-Services-1.pdf Scottish Public Health Network (ScotPHN) Health Care Needs Assessment of Gender Identity Services, May 2018, Graph 12 page 16 https://www.scotphn.net/wp-content/uploads/2017/04/2018_05_16-HCNA-of-Gender-Identity-Services-1.pdf | The pupil census does not collect information on the number of pupils who are transgender. A limitation of population estimates in relation to the number of transgender young people within the school population are that they may relate to those who have Gender Recognition Certificates or on the basis of medical intervention which would not currently apply to the majority of pupils in schools. The protected characteristic of gender reassignment applies more widely than those receiving medical support for transition. Please see paragraph 5.112 of the Technical Guidance for Schools in Scotland https://www.equalityhumanrights.com/en/publication-download/technical-guidance-schools-scotland |
| There have been 325 updated Scottish birth certificates provided since 2005. | National Records of Scotland | This evidence shows that a small number of people in Scotland have applied for updated birth certificates. It should be noted that currently those under 18 years of age cannot apply. | |
| Research found that transgender young people can have poor educational experiences which affect their health and wellbeing and educational outcomes: 82% of transgender young people experienced bullying in school on the grounds of being LGBT. This has risen from 77% in 2012. 27% of transgender young people left education as result of homophobia, biphobia and transphobia in the learning environment 63% of transgender young people experienced suicidal thoughts or behaviours 59% of transgender young people said that they self-harmed 83% of transgender young people, who had experienced at least one mental health problem, had been bullied at school | Lough Dennell, B.L., Anderson, G. and McDonnell, D. (2018) Life in Scotland for LGBT Young People. LGBT Youth Scotland. https://www.lgbtyouth.org.uk/media/1354/life-in-scotland-for-lgbt-young-people.pdf | The research presented the views of 684 LGBT young people aged 13 to 25. Whilst the sample size of the research is small in comparison to the pupil population in Scotland's schools the research findings chime with the evidence presented above. | |
| Research found that 37% of respondents said that someone had forced, or tried to force them to have sex when they were under the age of 16. | Roch et al. (2010) Out of Sight Out of Mind, Transgender People's Experience of Domestic Abuse. LGBT Youth Scotland & the Scottish Transgender Alliance Page 5 | The report sets out questionnaire responses from people aged 16 to 60 with only one respondent over the age of 60. The mean average age of respondents was 37. This is significantly beyond school age. The evidence sets out that transgender young people can be vulnerable to sexual assault particularly at a young age. | |
| No evidence was established of transgender young people in schools presenting a safety risk to other young people as a result of their gender reassignment status. As noted above there is evidence of sexual harassment of girls in schools, but this does not include evidence relating to transgender young people. | |||
| A survey of young people found that 58% of all young people who responded witnessed increased prejudice based posts, comments and/or attitudes online 36% of those comments related to homophobia, and 26% related to transphobia. 82% reported experiencing bullying in their place of education, and 29% reported experiencing bullying, sometimes or more than once or twice. | https://www.tiecampaign.co.uk/s/TIE-ONLINE-IN-LOCKDOWN-REPORT-9s5p.pdf - page 21 https://www.tiecampaign.co.uk/s/TIE-ONLINE-IN-LOCKDOWN-REPORT-9s5p.pdf - page 22 https://www.tiecampaign.co.uk/s/TIE-ONLINE-IN-LOCKDOWN-REPORT-9s5p.pdf - page 34 | The respondents to this survey were aged 12-24. The age range therefore reaches beyond school age. There were 1,015 respondents. The survey was carried out during COVID-19 lockdown, whilst schools were closed. | |
| Sexual Orientation | In a recent survey 23% of trans respondents identified as gay or lesbian, 32% bisexual, 14% pansexual, 7% other and 5% queer. | https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/721704/LGBT-survey-research-report.pdf page 15 | The respondents to the survey were aged 16 and over. Information is not collected on the sexual orientation of pupils in Scotland's schools. |
| Research found that young age, low income and low educational attainment predict particular vulnerabilities to domestic abuse in same sex relationships and being newly 'out' can position somebody as more vulnerable to abuse. | Donovan. C & Hester.M (2014). Domestic Violence and Sexuality - What's love got to do with it? University of Bristol https://www.universitypressscholarship.com/view/10.1332/policypress/9781447307433.001.0001/upso-9781447307433 | ||
| A survey of young people found that 58% of all young people who responded witnessed increased prejudice based posts, comments and/or attitudes online 36% of those comments related to homophobia, and 26% related to transphobia. | https://www.tiecampaign.co.uk/s/TIE-ONLINE-IN-LOCKDOWN-REPORT-9s5p.pdf - page 21 https://www.tiecampaign.co.uk/s/TIE-ONLINE-IN-LOCKDOWN-REPORT-9s5p.pdf - page 22 | The respondents to this survey were aged 12-24. The age range therefore reaches beyond school age. There were 1,015 respondents. The survey was carried out during COVID-19 lockdown, whilst schools were closed. | |
| Race | Information on pupils' ethnicity is collected as part of the annual pupil census. In 2019, there were: 544,241 pupils who identify as White Scottish 41,325 pupils who identify as White – Other British 1,387 pupils who identify as White – Gypsy/Traveller 39,139 pupils who identify as White - Other 10,066 pupils who identify as Mixed 6,598 pupils who identify as Asian – Indian 14,101 pupils who identify asAsian – Pakistani 1,195 pupils who identify as Asian – Bangladeshi 4,327 pupils who identify as Asian – Chinese 4,208 pupils who identify asAsian – Other 1,298 pupils who identify as Caribbean/Black 8,550 pupils who identify as African 7,516 pupils who identify as Other 13,917 whose identity was Not known / not disclosed | https://www.gov.scot/binaries/content/documents/govscot/publications/statistics/2019/12/summary-statistics-schools-scotland-no-10-2019-edition/documents/summary-statistics-schools-scotland/summary-statistics-schools-scotland/govscot%3Adocument/summary-statistics-schools-scotland.pdf | This information is collected by the Scottish Government as part of the national pupil census. |
| Religion Or Belief | In 2018 123,736 pupils learn in 365 Scottish publically funded denominational schools. This equates to 17.8% of all pupils in 2018. | Table 1.15 https://www2.gov.scot/Topics/Statistics/Browse/School-Education/dspupcensus/dspupcensus18 | There is no information collected on the religion or belief of pupils in Scotland. As indicated, there are a number of pupils who learn within denominational schools in Scotland. |
| Marriage And Civil Partnership (the Scottish Government does not require assessment against this protected characteristic unless the policy or practice relates to work, for example HR policies and practices - refer to Definitions of Protected Characteristics document for details) | Marriage and civil partnership is not protected a characteristic for the schools provisions of the Equality Act 2010. | https://www.equalityhumanrights.com/en/publication-download/technical-guidance-schools-scotland (para 5.103) | The schools provisions in Part 6 of the Equality Act 2010 do not apply to the protected characteristic of marriage and civil partnership so this characteristic has not been assessed. |
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