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Publication - Impact assessment

Supporting transgender young people in schools: equality impact assessment

Published
12 August 2021
From
Cabinet Secretary for Education and Skills
Directorate
Learning Directorate
Topic
Children and families, Education, Equality and rights
ISBN
9781802011845

Assessing how the policy on supporting transgender pupils in school will work best, and how it could affect other groups.

View supporting documents Supporting documents

Stage 3: Assessing the impacts and identifying opportunities to promote equality

Having considered the data and evidence you have gathered, this section requires you to consider the potential impacts – negative and positive – that your policy might have on each of the protected characteristics. It is important to remember the duty is also a positive one – that we must explore whether the policy offers the opportunity to promote equality and/or foster good relations.

Do you think that the policy impacts on people because of their age?
Age Positive Negative None Reasons for your decision
Eliminating unlawful discrimination, harassment and victimisation The guidance is not considered to impact positively or negatively for pupils in relation to their age. It is recognised that the guidance relates to young people in schools and therefore the guidance is focussed towards a specific age group. This means that the advice and information within the guidance is focussed towards pupils of a particular age group. The guidance reflects the need for age and stage appropriate learning, which is common across all curricular matters.
Advancing equality of opportunity The guidance is not considered to impact positively or negatively for pupils in relation to their age. It is recognised that the guidance relates to young people in schools and therefore the guidance is focussed towards a specific age group. This means that the advice and information within the guidance is focussed towards pupils of a particular age group. The guidance reflects the need for age and stage appropriate learning, which is common across all curricular matters.
Promoting good relations among and between different age groups The guidance is not considered to impact positively or negatively for pupils in relation to their age. It is recognised that the guidance relates to young people in schools and therefore the guidance is focussed towards a specific age group. This means that the advice and information within the guidance is focussed towards pupils of a particular age group. The guidance reflects the need for age and stage appropriate learning, which is common across all curricular matters.
Do you think that the policy impacts disabled people?
Disability Positive Negative None Reasons for your decision
Eliminating unlawful discrimination, harassment and victimisation The guidance is not considered to impact positively or negatively for pupils with disabilities The guidance in relation to toilets and changing rooms suggests that in some cases the use of existing accessible facilities within schools may assist in making provision for transgender young people. The guidance also makes clear that decisions in these circumstances must respect the rights, needs and wishes of all concerned. This consideration will include the need for pupils with disabilities to use accessible facilities and will ensure arrangements are put in place which do not disadvantage pupils with disabilities
Advancing equality of opportunity The guidance is not considered to impact positively or negatively on advancing equality of opportunity specifically. The guidance seeks to ensure that in considering policy and practice in relation to transgender young people, the needs of all young people are considered. The Supporting Transgender Young People in Schools guidance does not limit or interfere with the provision of support to children and young people with disabilities, which are also guided through the legislative frameworks of the Equality Act 2010 and the Additional Support for Learning framework.
Promoting good relations among and between disabled and non-disabled people The guidance is not considered to impact positively or negatively on promoting good relations among and between disabled and non-disabled people. The guidance does not provide advice which would promote or prevent good relations between pupils with and without a disability.
Do you think that the policy impacts on men and women in different ways?
Sex Positive Negative None Reasons for your decision
Eliminating unlawful discrimination The guidance is not considered to impact positively or negatively for male and female pupils The guidance recognises the specific concerns in relation to girls experience of sexual harassment in schools. There is evidence to suggest that toilets and changing rooms are places within schools where young people (girls, boys and transgender young people) feel vulnerable. The guidance therefore references the specific work being undertaken in relation to violence against women and girls, and the challenges faced by young people in these spaces and encourages schools to consider carefully the provision of toilets and changing rooms to meet the needs of all young people which will further the wellbeing of all. The guidance also references specific approaches to promote gender equality, and challenge stereotypes as part of addressing the issues faced by girls within education.
Advancing equality of opportunity The guidance is not considered to impact positively or negatively for male and female pupils The guidance seeks to ensure that the rights and needs of all pupils including girls and boys are considered and met as part of any considerations. This is particularly the case in relation to the matters described above.
Promoting good relations between men and women The guidance is not considered to impact positively or negatively on promoting good relations between male and female pupils The guidance does not provide advice which would promote or prevent good relations between female and male pupils.
Do you think that the policy impacts on women because of pregnancy and maternity?
Pregnancy and Maternity Positive Negative None Reasons for your decision
Eliminating unlawful discrimination The guidance is not considered to impact positively or negatively in relation to pregnancy and maternity. The guidance does not provide advice in relation to pregnancy and maternity.
Advancing equality of opportunity The guidance is not considered to impact positively or negatively in relation to pregnancy and maternity. The guidance does not provide advice in relation to pregnancy and maternity.
Promoting good relations The guidance is not considered to impact positively or negatively in relation to pregnancy and maternity. The guidance does not provide advice in relation to pregnancy and maternity.
Do you think your policy impacts on transgender people?
Gender reassignment Positive Negative None Reasons for your decision
Eliminating unlawful discrimination The guidance is considered to positively impact on transgender young people in schools The guidance seeks to provide advice and guidance to schools and school staff in relation to the support of transgender young people. It is an area in which school staff have reported a need for advice and guidance in order to ensure that all young people, including transgender young people, have positive educational experiences. There is significant evidence that transgender young people can have poor educational experiences, which impact on their health and wellbeing and educational outcomes.
Advancing equality of opportunity The guidance is considered to positively impact on transgender young people in schools As set out above the guidance seeks to support schools and school staff in supporting transgender young people towards positive educational experiences. This is in line with the aspiration for all children and young people in schools.
Promoting good relations The guidance is considered to positively impact on transgender young people in schools The guidance seeks to provide advice to schools and school staff which supports greater understanding of transgender young people. The guidance offers advice on actions which can be taken as part of learning which promotes greater understanding of transgender matters.
Do you think that the policy impacts on people because of their sexual orientation?
Sexual orientation Positive Negative None Reasons for your decision
Eliminating unlawful discrimination The guidance is considered to neither positively nor negatively impact on young people in schools in relation to sexual orientation The guidance recognises that lesbian, gay and bisexual young people may not have a positive educational experience as part of the context for this guidance. The guidance seeks to support schools and school staff in supporting transgender young people and also addresses matters relating to lesbian, gay and bisexual young people within it.
Advancing equality of opportunity The guidance is considered to neither positively nor negatively impact on young people in schools in relation to sexual orientation The guidance recognises that lesbian, gay and bisexual young people may not have a positive educational experience as part of the context for this guidance. The guidance seeks to support schools and school staff in supporting transgender young people and also addresses matters relating to lesbian, gay and bisexual young people within it.
Promoting good relations The guidance is considered to neither positively nor negatively impact on young people in schools in relation to sexual orientation The guidance recognises that lesbian, gay and bisexual young people may not have a positive educational experience as part the context for this guidance. The guidance seeks to support schools and school staff in supporting transgender young people and addresses matters relating to lesbian, gay and bisexual young people including the need to also support increased understanding of transgender and other identities.
Do you think the policy impacts on people on the grounds of their race?
Race Positive Negative None Reasons for your decision
Eliminating unlawful discrimination The guidance is not considered to impact positively or negatively in relation to race. The guidance does not provide advice in relation to race.
Advancing equality of opportunity The guidance is not considered to impact positively or negatively in relation to race. The guidance does not provide advice in relation to race.
Promoting good race relations The guidance is not considered to impact positively or negatively in relation to race. The guidance does not provide advice in relation to race.
Do you think the policy impacts on people because of their religion or belief?
Religion or belief Positive Negative None Reasons for your decision
Eliminating unlawful discrimination The guidance is not considered to impact positively or negatively in relation to religion and belief. The guidance is framed within the legislative framework of the Equality Act 2010. It therefore focusses on supporting schools in meeting the needs of transgender young people within the context of meeting the needs of all pupils and our commitment to ensuring that all pupils have positive educational experiences. The guidance does not comment on religion or belief explicitly, and does not alter the requirements on schools under the Equality Act or the specific legislative provisions and guidance relating to religious observance.
Advancing equality of opportunity The guidance is not considered to impact positively or negatively in relation to religion and belief. The guidance is framed within the legislative framework of the Equality Act 2010. It therefore focusses on supporting schools in meeting the needs of transgender young people within the context of meeting the needs of all pupils and our commitment to ensuring that all pupils have positive educational experiences. The guidance does not comment on religion or belief explicitly, and does not alter the requirements on schools under the Equality Act or the specific legislative provisions and guidance relating to religious observance.
Promoting good relations The guidance is not considered to impact positively or negatively in relation to religion and belief. The guidance is framed within the legislative framework of the Equality Act 2010. It therefore focusses on supporting schools in meeting the needs of transgender young people within the context of meeting the needs of all pupils and our commitment to ensuring that all pupils have positive educational experiences. The guidance does not comment on religion or belief explicitly, and does not alter the requirements on schools under the Equality Act or the specific legislative provisions and guidance relating to religious observance.
Do you think the policy impacts on people because of their marriage or civil partnership?
Marriage and Civil Partnership Positive Negative None Reasons for your decision
Eliminating unlawful discrimination The guidance is not considered to impact positively or negatively in relation to marriage and civil partnership. The guidance does not provide advice in relation to marriage and civil partnership. This protected characteristic is not applicable to schools.

Contact

Email: incluedu@gov.scot

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