THE Scottish Government has updated its guidance for schools on supporting transgender pupils following the Supreme Court ruling on gender.
In April, the UK’s highest court ruled that women are defined by biological sex under the Equality Act 2010, following a legal challenge against Scottish ministers by For Women Scotland (FWS).
The ruling led the Equality and Human Rights Commission (EHRC) to issue interim guidance, which banned transgender people from the bathrooms of their acquired gender.
Full guidance is currently with UK ministers, after a lengthy consultation.
The Scottish Government has been criticised by FWS and other gender-critical campaign groups for not implementing changes fast enough following the Supreme Court guidance.
Publishing the guidance on Monday, Education Secretary Jenny Gilruth said: “The Scottish Government has made clear it accepts the Supreme Court ruling and since April has been taking forward the detailed work that is necessary as a consequence of the ruling. “That work is ongoing.
“The rights of all children and young people must be respected in our schools. “We have brought forward updates to guidance to provide clarity and confidence to teachers and staff as they work to support the mental, physical and emotional health of transgender young people in our schools following recent significant legal and policy developments.”
The 64-page guidance document is non-statutory and not legally binding.
It reads: “It is essential that education authorities and schools consider in detail the individual needs of transgender pupils, in light of their local circumstances, school context and the need to balance the rights of all, in light of the information that they have about those matters.
“It is not possible for the Scottish Government to provide advice on the outcomes for individual pupils as a result of these individual needs assessments as Scottish Ministers and the Scottish Government do not have the necessary information to do so.”
It adds that the guidance is to allow schools to “to provide transgender young people with the best possible educational experiences”.
It adds that separate toilet facilities for boys and girls must be provided by schools and that the facilities “require to be made available on the basis of biological sex”.
“Education authorities and schools should consider the toilet provision necessary for transgender pupils,” the guidance continues.
“This may include the use of gender neutral provision. In reaching a proposed approach, schools should also consider the impact of any increased use of accessible facilities to ensure that all pupils who require to use them are able to do so.
“Depending on the particular circumstances of individual pupils, schools may require to take legal advice on any approach or proposed approach, including where this means changing an existing arrangement.”
