Twitter thread: no impact assessments carried out for school guidance in Scotland

I have asked my LA to direct me to the impact assessment - not expecting a quick response

Recent article by a schoolgirl, in the USA who is part of a lawsuit challenging federal policies which removed the right to same sex toilets and changing rooms:

'Girls and boys shouldn't do everything together'
(extract)
"I was a junior in high school when I ducked into the girls’ room at school one day to find … a boy. I froze. Three years at this particular school, and that had never happened to me before. The girls’ bathroom had always been the girls’ getaway place — a place for privacy, mostly, but also a little refuge — a place to get away from boys, maybe talk about boys, but not meet boys.

My first thought was to get out. My second was to find my teacher and let her know what had happened. The teacher told me to tell the principal, so I did. And the principal did nothing.... continues

If our administrators didn’t have much to say after we told them, they had even less to say before. No one notified the students at our school — or our parents — of this sudden change of policy. No one prepared us, warned us, counseled us...."

www.philly.com/philly/opinion/commentary/boyertown-transgender-bathroom-lgbtq-gender-identiy-philadelphia-suburbs-20180524.html

NB The Federal case and subsequent appeal failed and so will likely go higher to the Supreme Court.
At the appeal, the Federal judge did not allow 'sex' or 'opposite sex' to be defined which was of course signifcant to the outcome.

I would take a guess that the Scottish Government will say as its guidance and it doesn't have to be adopted its down to the Local Authority, and the LA's will say they are supporting it not putting it into policy so they don't have to do one.

Yes this is my understanding of their position dragongirl.

It is impossible to observe sex at birth 🙄

And

As I understand the law there is no requirement to undertake an Equality Impact Assessment anymore. If I am wrong, maybe someone can plesse post up the relevant statutory requirement?

Attached is a screenshot of the Equality and Human Rights Committee website where you can search for guidance and advice.

Look! Here I am doing a search as a public sector organisation, such as education provider, and it helpfully tells me that I am indeed subject to the public sector equality duty!

And here is the result of my search, the very helpful document “Assessing impact and the Public Sector Equality Duty: a guide for public authorities (Scotland)”

www.equalityhumanrights.com/en/publication-download/assessing-impact-and-public-sector-equality-duty-guide-public-authorities

bananaistheanswer

There are 17 LA's listed on the guidance that I downloaded off my councils intranet today - more may take this on.

There is usually a compliance officer in the LA that ensures they are completed - in ours though it only happens if there is an accompanying council report. They should then be published on the website.

I would take a guess that the Scottish Government will say as its guidance and it doesn't have to be adopted its down to the Local Authority, and the LA's will say they are supporting it not putting it into policy so they don't have to do one.

SoddingUnicorns - love the user name

In real terms this could mean that your child may be required to share changing rooms, toilets, if on trips rooms with a male bodied person.
If they are you raise concerns they will either be ignored or you will be invited in to be re educated.
If your child is doesn't conform to the stereotypes that are associated with being a girl then it may be assumed she is trans and she may receive pressure to transition. Please note I say may here.
When she is older and the differences between the sexes become more pronounced she may have to compete in sports against male bodied people who will have a better chance at winning because of the differences in biology.

Again if she objects she will be told she is in the wrong.
As women and girls are already at a significant disadvantage due to sexism and misogyny in our society this will just rub it in a little bit more.

So if they have a duty to do the EQIA, and neither the Scottish government not the LA's have done this, what oversight is there to address this? Who is responsible for compelling that duty?

The public sector equality duty that came from the 2010 Act is still in place and both the Scottish Government and Local Authorities have to assess any changes to policy/ practice and whether it has an impact on people from the protected characteristics. The Scottish Government carries out EQIA's and the local authority I work with use something called and Integrated Impact assessment - this is also used by the NHS.
All LA's and the Scottish Government should have completed this but I can find no evidence of this.

Is it 17 LAs in total or is the final no not actually known? I'm wondering if there's any that havent endorsed & have done an impact assessment. If that's the case it would be interesting to see their response & the EIA.

Ach my local council is on that list! In real terms what does this mean? (I’m sorry, I get very confused)

and Dundee

thanks for that response itsallgoingtobefine couldn't have put it better myself

local authorities that have endorsed this Aberdeen City Counci, Aberdeenshire Council, Angus Council, City of Edinburgh Council, East Lothian Council, Highland Council, Midlothian, North Aryshire Council, North Lanarkshire Council, Orkney Islands Council, Perth & Kinross Council, South Aryshire Council and West Lothian Council.

That's 17 out of 32

I’m Scottish with a DD about to start primary school and I knew nothing of this. Thanks for the heads up, I’ll write to my MSP too.

Thanks dragon, agree with you on everything

It is impossible to observe sex at birth because, for example, karyotype is unknown. So it has to be assigned on the basis of best guess

Bollocks. In 99.9% of cases sex is easily observable at birth by the presence or absence of penis / vulva. Where the baby has ambiguous genitalia then karotype testing can be easily undertaken. Sex is binary and measurable.

As I understand the law there is no requirement to undertake an Equality Impact Assessment anymore. If I am wrong, maybe someone can plesse post up the relevant statutory requirement?

thanks

I have already written to my MSP's about self ID but will be following up about this one. I have already raised concerns about the exclusion of sex as a protected characteristic in my local authority and so far been ignored (staff survey were they only had gender identity as a category)

dragongirlx
Great summary

Great summary btw.

"They use the term sex assigned at birth - when we all know sex is observed at birth"

I don't have the time or energy to address all the inaccuracies in that post but I will do this one. It is impossible to observe sex at birth because, for example, karyotype is unknown. So it has to be assigned on the basis of best guess.

In my case the doctor wrote one thing in the sex box, then changed his mind, crossed it out and put the other in. I know firsthand that it can be something of a lottery.

dragongirlx
Iv written to my msp and regional msps about self ID but also highlighted this issue. I would encourage all concerned to write.

Threadreader has made into a more user-friendly document:

threadreaderapp.com/thread/976173475793653762.html

There are Lawyers in the US starting to challenge this kind of thing - we need that here. It flies in the face of all safeguarding procedures, how is it legal?

Ok I have read through the guidance

points I have issues with

1. They use the term sex assigned at birth - when we all know sex is observed at birth

1. They repeatedly say they should only talk to the child's family with the consent of the child, first time on page 10 talking about primary school children. Now I understand this if the child's family is hostile to this but what if their are safeguarding issues, like its clear someone else is encouraging them or putting pressure on them.

1. Use the term cisgender and define it as someone whose gender identity corresponds to their assigned sex, that is someone who is not transgender (p13). My gender identity doesn't conform to my sex cause gender is bollocks but I am not cisgender and I find the assumption that I am hideous.

1. Page 17 - If parents of other children voice concerns about their child sharing toilets or changing rooms with a trans learner, they should be reminded of the schools ethos of inclusion, equality and respect. It then says they should be summoned to a meeting to address concerns. Doesn't say what will happen if the concerns are legitimate or that the child who is being subjected to this has any rights. This is repeated on page 18 under good practice were it continues that transgender young people should not be forced to use alternative facilities but the person who is uncomfortable should be.

1. Page 20 - encourages staff to let transgender young people compete in the category that matches their gender identity . This puts young women at a disadvantage

1. Page 20 - talks about binders - it does mention that they can lead to shortness of breath and be painful during physical exercise but doesn't mention the long term effects. Also states they can have a positive impact on mental health so staff should allow the young person to decide whether to wear one, and help them join in

1. Page 20/ 21 - school trips - if a transgender young person wants to share a room with other young people who share their gender identity they should be able to do so. If a transgender young person is sharing a room with their peers, their is no reason for the parent or carers of other young people to be informed. So we are going to let a male bodied person share with girls but not tell the parents.

1. Risk assessments - risk assessments should not be used to exclude a transgender young people - what even when they are deemed a risk to others

1. Page 25 - use the 57% attempted suicide stat from a 2012 study of 433 individuals in Toronto. This is not statistically significant and is misleading. It also perpetrates the if you don't affirm them they will die myth, especially because they put it next to the this is what happens if you have supportive parents figure

10. Page 10 - links to mermaids ( I will say no more)

11. Page 27 - put the young person at the centre and keep them there - otherwise known as teach young people that they need attention all the time to be special

12. Page 36 - Transgender young people 'break' gender rules - could that be because gender is a societal construct designed to keep men and women in their little boxes. How about we just get rid of gender all together.

13. Page 46 - Some young people may begin heir medical transition while in School - god I hope not

14. Page 46 mentions how they are working to change the rules to allow people under 18 to go through the gender recognition process . Despite the fact that young people may not have the maturity or life experience to make this judgement.

15. Page 47 - positive mention of puberty blockers - no mention of the long term effects

16. Page 50 - scenarios for teachers - all about affirmation like the rest of the document. No mention of discussing any negative effects or even waiting to see if they change their minds

I haven't opened the link yet but I'm horrified.

Apparently the NEU is bringing out new trans guidance too.