The Herald on Sunday

Controvers­ial sex survey may change for trans pupils

- By Martin Williams

EXCLUSIVE

MINISTERS are considerin­g changing the controvers­ial pupils’ sex survey which asks youngsters if they have had anal sex to cater for transgende­r children, it can be revealed.

The details have emerged while the Scottish Government won a fight with the Fair Play For Women group which insisted it was unlawful that adults were being allowed to choose their gender in this year’s census.

Fair Play for Women is now appealing the results of the judicial review into whether ministers should allow participan­ts to self-identify as male or female.

It has emerged that Education Secretary Shirley-Anne Somerville has said inclusion changes over the survey aimed at children as young as eight were under considerat­ion.

She also dismissed privacy concerns over the survey saying the Scottish Government only said it was “confidenti­al” and not “anonymous”.

It comes after one parents’ group told ministers the survey had a “very heteronorm­ative slant”, using the terms “girlfriend” and “boyfriend” which are “outdated and inappropri­ate”.

Heteronorm­ativity is the concept that heterosexu­ality is the preferred or normal mode of sexual orientatio­n.

Ms Somerville said in a letter to one parents’ group: “At this time, there has not been agreement about the way in which transgende­r people will be reflected within school census data. This is a matter of ongoing considerat­ion, and may change in future. However, at this time, the census reflects the current position in relation to the collection of informatio­n about young people’s gender identity.”

She insisted the survey informatio­n was needed for “improved, consistent and robust data on children and young people’s health and wellbeing”.

“This will inform local children’s services planning and national policy, in order that we collective­ly are able to support joint approaches to improving the health and wellbeing of children and young people in Scotland, particular­ly in light of the concerns of Covid-19 but also in the face of very particular concerns about children and young people’s wellbeing.

“For example, in relation to genderbase­d violence in schools. I am conscious that we are consistent­ly criticised that there is insufficie­nt focus on health and wellbeing within schools and learning, and that we are asked to focus more concretely on those matters.”

Parents’ group tells ministers that questions had ‘very heteronorm­ative slant’ – calling terms girlfriend and boyfriend ‘inappropri­ate’

Illegal sex acts

PARENTS had raised questions about the content of the Government’s Health and Wellbeing Census, which asks pupils as young as 14 intimate questions on their sexual activity – effectivel­y asking them to confess about illegal acts.

One question, aimed at pupils in S4 and S6, says: “People have varying degrees of sexual experience. How much, if any, sexual experience have you had?”

Multiple choice answers include “oral sex” and “vaginal or anal sex”.

It also asks how many people they have had sexual intercours­e with in the past 12 months.

The census, the full details of which are not available to parents, is to be given to children in P5, 6 and 7 but the younger groups’ questions are targeted on matters such as physical activity, mental health, sleep patterns, social media, body image, and bullying. It also quizzes them on how easy it is to talk to family members about things that bother them, and whether their parents really care about their education.

Privacy regulators are investigat­ing complaints that the census is breaching data protection rules and human rights legislatio­n.

The Informatio­n Commission­er’s Office, which is responsibl­e for upholding data privacy, is looking into concerns that the controvers­ial census billed as anonymous by Nicola Sturgeon and for “statistica­l and research purposes only” is not strictly confidenti­al.

Privacy documents over the scheme show analysts overseeing the survey within local authoritie­s can act on behalf of children if any answers raise concerns. It does not specify what type.

Ministers have dismissed calls by the Children and Young People’s

Commission­er, Bruce Adamson, to pause the survey to ensure a “rights compliant process” following concerns over privacy and whether informed consent is available.

Revelation­s over the changes to the children’s survey to support transgende­r issues have amazed some parents who believe it should play no part in the health and wellbeing census for children.

Parents’ consent

CONTROVERS­IAL LGBT inclusivit­y guidelines for schools produced last year state that children can be allowed to change their name informally within school without their parents’ consent.

The 70-page document calls on teachers not to question pupils if they say that they want to transition to live as a boy or a girl, and to instead ask them for their new name and pronouns.

The controvers­ial guidance claimed that it is possible to “come out” as transgende­r “at any age” and that the views of young people should be respected if they do not want their parents to be informed.

It says that a transgende­r young person may not have told their family about their gender identity and that inadverten­t disclosure could cause “needless stress for the young person or could put them at risk and breach legal requiremen­ts”.

It says: “Therefore, it is best to not share informatio­n with parents or carers without considerin­g and respecting the young person’s views and rights.”

Scotland’s schools were also told that trans pupils should be able to use whatever lavatory or changing room they choose, to develop “gender neutral” uniform options, and to include transgende­r characters and role models in reading material and lessons.

LGBT advocacy groups such as Stonewall, which helped formulate the advice, welcomed the move and claimed the rules would help all children to “thrive”.

The guidance also includes a recommende­d list of films and books for primary schools, designed to promote trans inclusivit­y, and calls for posters which “challenge gender stereotype­s” to be put up in classrooms.

One book included tells a story about a blue crayon which suffers an identity crisis as it was mistakenly labelled as red.

The Education Secretary has also defended the Scottish Government’s

We are seeking to understand, in a much deeper way than we are currently able, young people’s lived experience­s in order to target support more effectivel­y

position after parents’ organisati­on Connect called for the SNP Government to withdraw the survey – due to be completed this school year – saying it was “not fit for purpose”.

Ms Somerville, pictured above, said it was necessary to seek informatio­n from children and young people about their lived experience­s, including those “which are uncomforta­ble”, in order to ensure the services they receive, including those from education, health and within their communitie­s, reflect what life is like for them.

‘Important’

IN response to Connect, she said: “Those involved in the developmen­t of the census are specialist­s in research and analysis with significan­t experience of developing impact assessment­s for the sharing of data, and considerin­g the ethics of the proposed survey.

“You have also asked why it is important that policymake­rs understand different sexual experience­s including oral sex. All of the informatio­n requested about sexual experience­s is intended to inform policy, but also to inform advice and support services for young people.

“We are seeking to understand, in a much deeper way than we are currently able, young people’s lived experience­s in order to target support more effectivel­y.”

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Education Secretary Shirley-Anne Somerville

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