Policies and Protections for Transgender, Gender Non-Conforming, and Non-Binary Individuals - Freedom of information requests
Title or Description
Policies and Protections for Transgender, Gender Non-Conforming, and Non-Binary Individuals
FOI Number
20250510
Date Received
22/04/2025
Type of Request
FOI
Request or Question
On 16 April 2025, the UK Supreme Court issued a ruling affirming that transgender individuals are protected under the Equality Act 2010 through the characteristic of gender reassignment, regardless of whether or not they possess a Gender Recognition Certificate. This protection includes safeguarding against direct and indirect discrimination, as well as harassment in one’s acquired gender. Given the significance of this ruling and the concern it has raised within transgender, gender non-conforming, and non-binary communities, I am requesting the following information: 1. Current Policies and Implementation o Copies of all current policies, procedures, and guidance your organisation has in place to protect transgender, gender non-conforming, and non-binary individuals. o Information on how these protections are being practically implemented across services and operational areas.
2. Post-Ruling Developments o Details of any updates, reviews, or proposed amendments to existing policies or procedures made in response to the Supreme Court ruling of 16 April 2025. This request applies to, but is not limited to, the following groups: * Employees * Service users * Anyone accessing local authority or public services * Children and young people, particularly within educational settings * Third-party contractors and partner organisations * Wider community stakeholders
Response
The Council’s Equality, Diversity and Human Rights Policy (latest version: December 2023) includes: * Explicit protections against discrimination based on gender reassignment, transgender identity, and other protected characteristics under the Equality Act 2010. * A commitment to preventing unlawful and unfair discrimination, harassment, or victimisation on the grounds of gender identity. * Guidelines for managers and staff on legal frameworks and practical implementation, including: * Recruitment and selection processes * Induction and training * Monitoring and reporting * Communication strategies to raise awareness You can access the full policy document here (PDF) and attached. All of the Council’s HR Policies make it clear that there will be no discrimination on the grounds of gender reassignment. They can be found on the Council’s website: Policies and procedures | Employees | Scottish Borders Council Scottish Borders Council has always interpreted the protected characteristic of gender reassignment as not requiring a Gender Recognition Certificate. From an employment perspective these are dealt with on an individual basis. Please also find attached current guidance from Scottish Government to schools. We are awaiting further guidance in relation to the Supreme Court judgement ruling from Scottish Government for schools. There has been no action on the back of the ruling as yet, but the position will be monitored and any appropriate changes made.
