FOI Request - Policies and Protections for Transgender and Non Binary Individuals
Request 101003772544
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
Copies of all current policies, procedures, and guidance your organisation has in place to protect transgender, gender non-conforming, and non-binary individuals.
Information on how these protections are being practically implemented across services and operational areas.
2. Post-Ruling Developments
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 15-05-2025
1. Moray Council's current Equality & Diversity Policy is available on our website. This information is therefore exempt under section 25 of the Freedom of Information (Scotland) Act 2002, information otherwise accessible. For ease of reference please find a link to the web page here: http://www.moray.gov.uk/downloads/file90810.pdf
Individual services have service specific policies, procedures and / or guidance developed internally or by their relevant governing or professional bodies, for example:
Education Service - 'Supporting Transgender Pupils in Schools' - Guidance for Scottish Schools - https://education.gov.scot/media/xpgo5atb/supporting-transgender-pupils-schools-guidance-scottish-schools_.pdf . Such guidance will require revision following recent Court rulings.
Housing Service - Incorporate general equalities statement into all Housing policies and procedures stating 'The Council is committed to preventing discrimination and promoting equality of opportunity for every person who applies for housing. In accordance with the Equality Act 2010, the Council seeks to ensure that the Policy does not discriminate between individuals with one or more of the following protected characteristics: age, disability, gender reassignment, marital status/civil partnership, pregnancy and maternity, race, religion or belief and sexual orientation'
Information on how these protections are being practically implemented across services and operational areas.
Accessible facilities are available where necessary.
Relevant Equality, Diversity & Inclusion training for all Moray Council staff.
2. As a Council, we recognise the clarity provided by the Supreme Court ruling in this case, as well as the recent Court of Session case involving Scottish Borders Council (where the judge ordered that Scottish schools must provide single-sex toilets for students). We are currently considering the implications of both cases in full while awaiting the Equalities and Human Rights Commission's (EHRC) update to their statutory and non-statutory guidance, HR specific guidance and any Scottish Government guidance to help inform what action/revisions will be necessary. Meantime, the EHRC have issued interim guidance that will also be considered and incorporated - https://www.equalityhumanrights.com/media-centre/interim-update-practical-implications-uk-supreme-court-judgment