LGBT Youth Scotland is deeply concerned about the latest removal of access to rights for trans young people following the revisions in the guidance for supporting transgender pupils issued on 29th September.
These updates are the latest in an ongoing series of attacks on the rights of trans people within Scotland which remove their ability to fully participate within society and will further detriment and segregate an already oppressed minority.
We recognise that the Scottish Government have been required to make these changes due to the recent Supreme Court Ruling and the school premises (general requirements and standards) Scotland regulations 1967. The earlier guidance on Supporting Transgender Pupils In Schools Guidance for Education Authorities and Schools was designed to reflect wider changes in society and created positive change which was very well received and positively implemented. The revised guidance marks a regression in this approach.
These changes are already having a damaging impact on trans young people in schools. Toilets are not a minor logistical issue. We know from young people that a lack of access to suitable toilets has a negative impact on their health, wellbeing, safety and overall education.
While we welcome the inclusion of recommendations for gender-neutral and accessible provision, it is vital that this is offered in an inclusive way which does not place undue stress on both trans and disabled pupils who already face additional barriers to inclusion, and would urge schools to ensure that sufficient facilities are available to all those who need them, without creating undue stress or difficulty.
In line with Getting It Right For Every Child, schools already consider the diverse and intersectional barriers facing young people. Schools need to ensure that they are working with young people on provision which works best for them as individuals. For example, disabled toilet provision is already often over-stretched. Moreover, in some instances the only gender-neutral toilet available might be a staff toilet, which does not represent meaningful provision for pupils and is inappropriate for both young people and staff members.
A lack of meaningful toilet provision can have far-reaching consequences. One young trans boy told us that he was unable to use the boys’ toilets at school and felt that using the disabled toilets would out him to his peers. He stopped eating and drinking at school to avoid having to use the toilet at all. He became seriously ill with a urinary tract infection, resulting in hospitalisation, his mental health deteriorated, and he ended up leaving school early.
The needs of young people have changed; the guidance needs to be updated to reflect these changing needs, and we do not believe that the revisions made on 29th September do this.
Trans young people have faced continued attacks on their rights and dignity. Such attacks do not represent the values of the Scottish people, and do not reflect the society that young people deserve to grow up in.
We will continue to offer services for LGBTQ+ young people aged 13-25 across Scotland at a time when they may need us more than ever.
LGBT Youth Scotland
In light of the revised guidance LGBT Youth Scotland will review our LGBT Awareness Training and Supporting Trans Young People in Schools Training.