Read on Twitter
A thread explaining the background to today’s article in the Times: https://www.thetimes.co.uk/article/school-lavatory-gender-rules-still-in-force-after-ministers-rejected-them-lq9v9xxxt?shareToken=a69f4ac6939d7229545e0aeaa9144962
In spring last year, Scottish Government Ministers determined that schools guidance developed by LGBT Youth Scotland could exclude girls from female-only spaces and was therefore not legal. https://www.gov.scot/publications/foi-201900003278/
Work on the already delayed replacement (which should have been published in Dec 2019) was then impacted by the COVID-19 pandemic. This means that the original guidance is still available and being used by schools as they returned this week.
We wrote to John Swinney asking him to withdraw the guidance in the meantime. You can read our correspondence here: https://forwomen.scot/20/07/2020/letter-to-cabinet-secretary-for-education/
The response we received stated that “teachers should be able to exercise their judgement to ensure they keep young people in their schools safe.”
We received a similar reply from Gayle Gorman @EducationScot when we asked her to stop promoting the guidance for use by schools. She said “it is expected that school staff will continue to use their judgement to ensure that children and young people in their schools are safe"
and “We will be removing the current resource when the new guidance is published.”
However, judgement in this area has been frequently flawed.
However, judgement in this area has been frequently flawed.
The guidance has been endorsed by many major children’s organisations in Scotland and none of them have removed their endorsement, despite the Scottish Government’s statement regarding the problems with the guidance and our request to do so.
We received the following responses
Martin Crewe from @BarnardosScot declined to remove the endorsement stating “we will continue to endorse the guidance while the [Scottish Government] review is taking place.”
Martin Crewe from @BarnardosScot declined to remove the endorsement stating “we will continue to endorse the guidance while the [Scottish Government] review is taking place.”
Wendy Harrington of @_respectme_ declined to remove the endorsement and said “respectme is fully supportive of the guidance for schools to support transgender young people developed by LGBT Youth Scotland, in conjunction with the Scottish Trans Alliance.”
Bruce Adamson @CYPCS also declined to remove the endorsement of the guidance “Our understanding is that the guidance is being updated, and though it has been delayed, it is still forthcoming.”
Jackie Brock from @cisweb refused to remove her endorsement saying “The guidance does not, in our opinion, undermine the rights of any group or individual and we believe it will contribute to making all our schools safer and healthier for all”
Susanne Millar from @GCHSCP also refused to remove endorsement from the guidance, she said “We continue to support the practice described in the guidance document and whilst I appreciate your own views and opinion we do not agree that it leads to the exclusion of girls...
“....I have also been advised by LGBT Youth Scotland that they have carried out a legal review and have been provided with advice that no aspect of this guidance has been deemed to be illegal.”
There has as yet been no response from @together_sacr or @NHS_Lothian
There has as yet been no response from @together_sacr or @NHS_Lothian
As we said in the Times today:
“It is not acceptable to put teachers in a position where following guidance in good faith risks them falling foul of the law."
“It is not acceptable to put teachers in a position where following guidance in good faith risks them falling foul of the law."
“At a bare minimum, guidance used in schools must be legal. By the Scottish government’s own findings this is not, so it should be immediately withdrawn from use."
“It is also highly concerning that none of the children’s sector organisations which endorsed the guidance recognised the significant negative impact on girls, & that over a year after this -ve impact was publicly acknowledged, not one of them has removed their endorsement.”
