Local Authority survey - should I challenge this?

[flummoxedlummox]

Hi, my local authority are conducting a survey that will feed into a new version of the Local Plan. At the end of the survey there is an "about you" section that has questions on age, disability, ethnicity and the one I've pasted here. There is no question re sex.

I'm concerned that the demographic data collated through the survey may be used in the plan to justify resource allocation and targets with no regard to sex. Should I challenge this and if so what would be the best route?

It might be worth a phonecall to the relevant department, if nothing else - to ask why there is no question regarding sex and to ask why they are collecting info on gender identity (and what on earth is 'third gender' ffs?)

I imagine you could do that anonymously. I set up an email account specifically for GC things with initial and surname only in both the email address and when I signed off. Gender neutral, you know!

Are they legally obliged to do impact assessments on the ways policies would affect certain groups? If so they would surely need data on sex (legally protected) while gender would be optional (not legally protected). If this doesn't apply here I'm sure the wisdom of MN will correct me

I applied for a job recently with the LA and got that question. I also got do you identify with the same gender you were assigned at birth and do you live full time as the gender you were assigned at birth

Please do challenge this OP. The only way this gets challenged is when Stonewall captured local authorities / civil servants etc get asked why they're using Stonewall's made up terms that have no legal foundation and obliterating sex based data.

Yes, absolutely challenge this. A Local Plan would definitely need to have an Equality Impact Assessment done which states clearly how it impacts on each of the protected characteristics. This sounds like a survey in the early stages of the plan which wouldn't in itself require an EIA but if they don't collect accurate data at this point it will not be possible for them to show what the impact is as the plan reaches the more formal stages. It's fine for them to ask about gender identity but they need to also ask about sex in a separate question. I would phone or email whoever sent the survey.

allNancyDrawed Thanks but my LA does not have phone contact numbers. I was thinking about contacting my councillors but I think an FOI may get better results.

Can you select Other and put something about gender being a social construct and sex a protected characteristic? I’ve done similar before.

They don't have a choice and it isn't optional, its a legal requirement;

The Equality Act 2010 requires public authorities to:
• Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act.
• Advance equality of opportunity between people who share a protected characteristic and those who do not.
• Foster good relations between people who share a protected characteristic and those who do not.
www.legislation.gov.uk/ukpga/2010/15/section/149

''The Equality Act 2010 (Specific Duties) Regulations 2011 require public authorities to publish:

• equality objectives, at least every four years (from 6th April 2012)
• information to demonstrate their compliance with the public sector equality duty (from 31st January 2012)''

www.gov.uk/government/publications/public-sector-equality-duty

researchbriefings.files.parliament.uk/documents/SN06591/SN06591.pdf

Except gender (whatever that is) isn't a PC

OP, do you know the Sex Not Gender website? www.sexnotgender.info/

They call out organisations which are misidentifying protected characteristics in their job ads, consultations, equality monitoring, diversity policies etc

I agree with them that public bodies asking for your gender identity are risking non- compliance with GDPR - this is sensitive information that they are not legally required to hold because gender identity is not in the Equality Act

Thanks all, allFenlandia I'll check that site out and construct a response this evening.

Yes, absolutely challenge this.

Indeed. A lot of the reason you see this nonsense is they think there will be bleating if they do have a sex question, and there won't be as much bleating if they have a gender question instead.

It's not really more complex than that for many. We need to make it more painful for them when they do this.

I do this when I apply for jobs, I change gender to sex (in line with the Equality Act).

I select 'other' and tell them why in the comments.

I'm going to start doing this more formally now by complaining when I see this next.

I didn't make myself clear on my post; I mean you should challenge it because they don't have a choice about whether or not to collect the correct data.
They shouldn't need to be challenged or chased up about this, there are new rules in place that mean they have to collect and publish equality data.

[quote Thelnebriati]They don't have a choice and it isn't optional, its a legal requirement;

The Equality Act 2010 requires public authorities to:
• Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act.
• Advance equality of opportunity between people who share a protected characteristic and those who do not.
• Foster good relations between people who share a protected characteristic and those who do not.
www.legislation.gov.uk/ukpga/2010/15/section/149

''The Equality Act 2010 (Specific Duties) Regulations 2011 require public authorities to publish:

• equality objectives, at least every four years (from 6th April 2012)
• information to demonstrate their compliance with the public sector equality duty (from 31st January 2012)''

www.gov.uk/government/publications/public-sector-equality-duty

researchbriefings.files.parliament.uk/documents/SN06591/SN06591.pdf[/quote]
The protected characteristic you’re clearly muddled up about is that of ‘gender reassignment’ which is only applicable to someone who has a GRC.
Identifying as ‘gender fluid’ or some other such title doesn’t count as a protected characteristic. Being female does though.

I'm not muddled, my post has been misunderstood.

They dont have a choice about whether or not to use the correct characteristics. So yes you should challenge it, the links I gave are to support your argument.

@Soontobe60
The protected characteristic you’re clearly muddled up about is that of ‘gender reassignment’ which is only applicable to someone who has a GRC.

Nope, you only need to be proposing to undergo a change of gender to be protected by the "gender reassignment" PC, you don't have to have gone as far as getting a GRC.

Dear Local Authority

Your survey assumes that all constituents share a belief system that all human beings have a gender identity. It’s not a neutral act and not in line with the Nolan Principles. Imposing the belief that ALL human beings have a gender identity has had devastating consequences for the most vulnerable in our society and imposing it in data collection IS discrimination

It’s not about trans people, it’s about a belief system that sex doesn't matter and data on sex shouldn't be collected. I don’t have a gender identity. Trans women and trans men have one and that’s fine. Most of your constituents don’t and shouldn’t be forced to say that they do.

Please correct your survey inline with the Equality Act 2010. The Equality Act 2010 requires public authorities to Eliminate unlawful discrimination www.legislation.gov.uk/ukpga/2010/15/section/149

''The Equality Act 2010 (Specific Duties) Regulations 2011 require public authorities to publish:

• equality objectives, at least every four years (from 6th April 2012)
• information to demonstrate their compliance with the public sector equality duty (from 31st January 2012)''

www.gov.uk/government/publications/public-sector-equality-duty

By writing off the sex class and imposing gender identity only, the the LA is failing it's public sector equality duty. Please add 'Sex' to the survey inline with the Equality Act.

Yours
constituent

(thanks @Thelnebriati 💐for the the perfect LA EqA links and specific info to respond to this gender identity nonsense)

@MrsOvertonsWindow

Please do challenge this OP. The only way this gets challenged is when Stonewall captured local authorities / civil servants etc get asked why they're using Stonewall's made up terms that have no legal foundation and obliterating sex based data.

I politely challenge all the time. The data is meaningless with knowing male/female

If you're up for it, do challenge them. I am currently challenging our LA as it's a 'Stonewall Champion' - SW speak is all over their website and their Education & Learning page has a direct link to SW. Worst of all, three of its education policy papers refers teachers and pupils to Mermaids.

Is this Greater Manchester OP? I saw the same thing last week and was going to complain but I was ill at the time, then it slipped my mind until now.

Thanks FindTheTruth & Thelnebriati, I was gong to respond yesterday but decided to put it off until the weekend so I'll definitely use some of your input.

@deedeemegadoodoo no, it's a London LA.

Please let us know how you get on, there seem to be so many women in the same position and everyone is worried about speaking out even though what they are doing is against the law!