Supporting gender reassignment recognition for pupils.

[name removed] made this Freedom of Information request to West Lothian Council as part of a batch sent to 32 authorities This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

Dear West Lothian Council,

Per FOISA, please supply me with information contained within your records as follows:

1) Per School, please provide the number of pupils that have received gender reassignment recognition.

a) Please break the numbers down per school for male pupils identifying as female?

b) Please break the numbers down per school for female pupils identifying as males?

2) Please also provide the number of pupils per school that have received gender reassignment recognition that each school have supported and have any change of gender name officially recorded on the School and Educational System data base per school?

a) Please break this down for males identifying as females with name change recorded?

b) Please break this down for females now identifying as males with name change recorded?

Yours faithfully,

[name removed]
[name removed]

Customer Service, West Lothian Council

 Thank you for emailing the Customer Service Centre. If you have not used
our "contact us" form for this enquiry then please use the following link
for future enquiries. [1]www.westlothian.gov.uk/contactus

Due to the high volume of email traffic recently we may take longer than
our 24 hour response. Should you require a quicker response please call us
on 01506 280000 or use our on-line form facility at
[2]www.westlothian.gov.uk/report

[3]WL2028 - Your Say Consultation. 20221013

References

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West Lothian Council

DATA LABEL: Official (Sensitive)

[name removed]

Information Request

Our Reference: 101007466692

Thank you for your recent request for information which has been logged
and transferred to the appropriate Service Information Liaison Officer
(ILO) who will provide a response within the appropriate timeline shown
below:

Freedom of Information - 20 working days
Environmental Information Requests - 20 working days
Subject Access Requests (Data Protection Act) - 28 calendar days

Should the ILO require further information to process your request then
they will contact you directly. If you require any further assistance then
please do not hesitate to contact us.

Kind Regards

Susan

Customer Service

Tel: 01506 280000
Email: [email address]
Web: www.westlothian.gov.uk

Find us on:

[1]HTML tutorial [2]HTML tutorial

Privacy information

Information held about you

West Lothian Council will hold all personal information contained in your
request and all personal information needed to answer your request in
accordance with data protection law. It is important that we hold accurate
and up to date information about you in order to respond to your request.
If any of your details have changed, or change in the future, please
ensure that you tell us as soon as possible so that we can update your
records.

How will we use information we hold about you?

We will use your personal information to respond to your request and to
any appeal submitted in relation to your request.

Who we will share your information with?

The council will not share your information with any third party unless
you ask us to do so or we are required to do so by law.

How long do we keep your records?

We will keep personal information relating to your request for a maximum
of six years after your request and any appeal associated with your
request has been answered.

Your rights

If you have any questions or concerns about how your information is used,
please contact the Data Protection Officer. More information about data
protection and how it applies to you, including how to make a complaint,
is available from the [3]Information Commissioner's Office

You have a number of rights under data protection law, including the right
to request your information and to request that the information be amended
if incorrect or, in some circumstances, erased.

To make a request for information, amendment or erasure, you will need to
put your request in writing and provide proof of identification to the
Data Protection Officer, West Lothian Council, West Lothian Civic Centre,
Howden South Road, Livingston, West Lothian, EH54 6FF Email: [4][email
address]

show quoted sections

West Lothian Council

22/11/2022

Dear [name removed]

Freedom Of Information

Reference no. 101007466692

I refer to your request for information dated 8th November 2022.

Per FOISA, please supply me with information contained within your records as follows:

1) Per School, please provide the number of pupils that have received gender reassignment recognition.

a) Please break the numbers down per school for male pupils identifying as female?

b) Please break the numbers down per school for female pupils identifying as males?

2) Please also provide the number of pupils per school that have received gender reassignment recognition that each school have supported and have any change of gender name officially recorded on the School and Educational System data base per school?

a) Please break this down for males identifying as females with name change recorded?

b) Please break this down for females now identifying as males with name change recorded?

Response - We are refusing your request under Section 12.1 of the Freedom of Information (Scotland) Act 2002. This is because we estimate that the cost of providing this information to you would far exceed the limit. We do not hold this information centrally and we would require to access each individual pupil record.
We support the wellbeing of all young people within our schools, including where there are any medical circumstances which may impact upon their mental or physical wellbeing.

If you have any complaint about the Council's handling of your request for information, you may require the Council to review its actions and decisions in relation to this response. Please write, within 40 working days from the receipt of this information, to Carol Johnston, Chief Solicitor, West Lothian Council, West Lothian Civic Centre, Howden South Road, Livingston EH54 6FF (Telephone: 01506 281605, email: [email address]). The request should be in writing, email or other permanent format and should state your name, address and specify the original request for information and the reason for your dissatisfaction.

In the event that you have not received a response to your request within 20 working days (allowing time for postage), or if you are dissatisfied with the outcome of the Internal Review, a further right of review exists to the Scottish Information Commissioner. You can apply online: www.itspublicknowledge.info/Appeal or in writing to the Office of the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St. Andrews, Fife, KY16 9DS (01334 464610; email [email address]).

You can apply to the Commissioner for a decision on the manner in which the Council has dealt with your request. The application must be submitted within six months after the date of receipt by you of the outcome of the Internal Review or in the event of the Council failing to comply with the Internal Review within six months of the expiry of the time period for compliance. The application should be in writing, email or other permanent format, state your name, address and the reason for your dissatisfaction with the original response and internal review. Should you then wish to appeal against the Commissioner's decision, there is a right of appeal to the Court of Session on a point of law only. Any such appeal must be made within 42 days after the date of intimation of the Commissioner's decision.

Yours Sincerely

Susan Griffin

West Lothian Council

DATA LABEL: OFFICIAL - Sensitive

In accordance with our Corporate Policy you may be contacted shortly to obtain your views on how we handled your request.

[/bookmark]

[WL2028 - Your Say Consultation. 20221013]<https://www.westlothian.gov.uk/WL2028>
This message, together with any attachments, is sent subject to the
following statements:

1. It is sent in confidence for the addressee only. It may
contain legally privileged information. The contents are
not to be disclosed to anyone other than the addressee.
Unauthorised recipients are requested to preserve this
confidentiality and to advise the sender immediately.
2. It does not constitute a representation which is legally
binding on the Council or which is capable of constituting
a contract and may not be founded upon in any proceedings
following hereon unless specifically indicated otherwise.

http://www.westlothian.gov.uk

Dear West Lothian Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of West Lothian Council's handling of my FOI request 'Supporting gender reassignment recognition for pupils.'.

I do not accept the cost exemption and reason supplied for not disclosing the information requested as per the Scottish Government Supporting transgender young people in schools: guidance for Scottish schools, https://www.gov.scot/publications/suppor...

It states In 2019, there were 697,989 pupils in Scotland’s public schools, it is known that around
200 young people per year receive support from the Young Person’s Gender Service with
their transition

These data sets must be given to SG to account the funding allocations that are awarded to ensure VfM.

Summary statistics for schools in Scotland no. 10: 2019 edition
https://www.gov.scot/publications/summar...

Scottish Public Health Network
extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.scotphn.net/wp-content/uploa...

Additionally, to assist you, there is no requirement to break any numbers down by school as the numbers will be minimal that may identify individuals, however if you could give the information requested for the last 3 academic years that would be kindly appreciated,

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/s...

Yours faithfully,

[name removed]

Customer Service, West Lothian Council

 Thank you for emailing the Customer Service Centre. If you have not used
our "contact us" form for this enquiry then please use the following link
for future enquiries. [1]www.westlothian.gov.uk/contactus

Due to the high volume of email traffic recently we may take longer than
our 24 hour response. Should you require a quicker response please call us
on 01506 280000 or use our on-line form facility at
[2]www.westlothian.gov.uk/report

[3]WL2028 - Your Say Consultation. 20221013

References

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2. file:///tmp/www.westlothian.gov.uk/report
3. https://www.westlothian.gov.uk/WL2028%20

West Lothian Council

DATA LABEL: Official (Sensitive)

[name removed]

Information Request - Review

Our Reference: 101007477825

Thank you for your recent request for information which has been logged
and transferred to the appropriate Service Information Liaison Officer
(ILO) who will provide a response within the appropriate timeline shown
below:

Freedom of Information - 20 working days
Environmental Information Requests - 20 working days
Subject Access Requests (Data Protection Act) - 28 calendar days

Should the ILO require further information to process your request then
they will contact you directly. If you require any further assistance then
please do not hesitate to contact us.

Kind Regards

Susan

Customer Service

Tel: 01506 280000
Email: [email address]
Web: www.westlothian.gov.uk

Find us on:

[1]HTML tutorial [2]HTML tutorial

Privacy information

Information held about you

West Lothian Council will hold all personal information contained in your
request and all personal information needed to answer your request in
accordance with data protection law. It is important that we hold accurate
and up to date information about you in order to respond to your request.
If any of your details have changed, or change in the future, please
ensure that you tell us as soon as possible so that we can update your
records.

How will we use information we hold about you?

We will use your personal information to respond to your request and to
any appeal submitted in relation to your request.

Who we will share your information with?

The council will not share your information with any third party unless
you ask us to do so or we are required to do so by law.

How long do we keep your records?

We will keep personal information relating to your request for a maximum
of six years after your request and any appeal associated with your
request has been answered.

Your rights

If you have any questions or concerns about how your information is used,
please contact the Data Protection Officer. More information about data
protection and how it applies to you, including how to make a complaint,
is available from the [3]Information Commissioner's Office

You have a number of rights under data protection law, including the right
to request your information and to request that the information be amended
if incorrect or, in some circumstances, erased.

To make a request for information, amendment or erasure, you will need to
put your request in writing and provide proof of identification to the
Data Protection Officer, West Lothian Council, West Lothian Civic Centre,
Howden South Road, Livingston, West Lothian, EH54 6FF Email: [4][email
address]

show quoted sections

Dear West Lothian Council,

Please note I do not now require a breakdown of numbers per school, as I appreciate that the numbers, we are talking about here are minimal and may identify an individual.

I merely require the total numbers.

Yours faithfully,

[name removed]

Customer Service, West Lothian Council

 Thank you for emailing the Customer Service Centre. If you have not used
our "contact us" form for this enquiry then please use the following link
for future enquiries. [1]www.westlothian.gov.uk/contactus

Due to the high volume of email traffic recently we may take longer than
our 24 hour response. Should you require a quicker response please call us
on 01506 280000 or use our on-line form facility at
[2]www.westlothian.gov.uk/report

[3]WL2028 - Your Say Consultation. 20221013

References

Visible links
1. file:///tmp/www.westlothian.gov.uk/contactus
2. file:///tmp/www.westlothian.gov.uk/report
3. https://www.westlothian.gov.uk/WL2028%20

West Lothian Council

DATA LABEL: Official (Sensitive)

Dear [name removed]

Information Request

Our Reference: 101007477825

I have forwarded this additional information on the relevant officer.

Thank you for your recent request for information which has been logged
and transferred to the appropriate Service Information Liaison Officer
(ILO) who will provide a response within the appropriate timeline shown
below:

Freedom of Information - 20 working days
Environmental Information Requests - 20 working days
Subject Access Requests (Data Protection Act) - 28 calendar days

Should the ILO require further information to process your request then
they will contact you directly. If you require any further assistance then
please do not hesitate to contact us.

Kind Regards

Ruth

Customer Service

Tel: 01506 280000
Email: [email address]
Web: www.westlothian.gov.uk

Find us on:

[1]HTML tutorial [2]HTML tutorial

Privacy information

Information held about you

West Lothian Council will hold all personal information contained in your
request and all personal information needed to answer your request in
accordance with data protection law. It is important that we hold accurate
and up to date information about you in order to respond to your request.
If any of your details have changed, or change in the future, please
ensure that you tell us as soon as possible so that we can update your
records.

How will we use information we hold about you?

We will use your personal information to respond to your request and to
any appeal submitted in relation to your request.

Who we will share your information with?

The council will not share your information with any third party unless
you ask us to do so or we are required to do so by law.

How long do we keep your records?

We will keep personal information relating to your request for a maximum
of six years after your request and any appeal associated with your
request has been answered.

Your rights

If you have any questions or concerns about how your information is used,
please contact the Data Protection Officer. More information about data
protection and how it applies to you, including how to make a complaint,
is available from the [3]Information Commissioner's Office

You have a number of rights under data protection law, including the right
to request your information and to request that the information be amended
if incorrect or, in some circumstances, erased.

To make a request for information, amendment or erasure, you will need to
put your request in writing and provide proof of identification to the
Data Protection Officer, West Lothian Council, West Lothian Civic Centre,
Howden South Road, Livingston, West Lothian, EH54 6FF Email: [4][email
address]

[5]WL2028 - Your Say Consultation. 20221013

This message, together with any attachments, is sent subject to the
following statements:

1. It is sent in confidence for the addressee only. It may
contain legally privileged information. The contents are
not to be disclosed to anyone other than the addressee.
Unauthorised recipients are requested to preserve this
confidentiality and to advise the sender immediately.
2. It does not constitute a representation which is legally
binding on the Council or which is capable of constituting
a contract and may not be founded upon in any proceedings
following hereon unless specifically indicated otherwise.

http://www.westlothian.gov.uk

References

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Dear West Lothian Council,

To assist I require the data from academic year 2019/20 to date broken down AY on AY.

Yours faithfully,

[name removed]

West Lothian Council

DATA LABEL: Official (Sensitive)

Dear [name removed]

Information Request

Our Reference: 101007477825

Thank you for your email this has been add to your FOI request.

Freedom of Information - 20 working days
Environmental Information Requests - 20 working days
Subject Access Requests (Data Protection Act) - 28 calendar days

Should the ILO require further information to process your request then
they will contact you directly. If you require any further assistance then
please do not hesitate to contact us.

Kind Regards

Susan

Customer Service

Tel: 01506 280000
Email: [email address]
Web: www.westlothian.gov.uk

Find us on:

[1]HTML tutorial [2]HTML tutorial

Privacy information

Information held about you

West Lothian Council will hold all personal information contained in your
request and all personal information needed to answer your request in
accordance with data protection law. It is important that we hold accurate
and up to date information about you in order to respond to your request.
If any of your details have changed, or change in the future, please
ensure that you tell us as soon as possible so that we can update your
records.

How will we use information we hold about you?

We will use your personal information to respond to your request and to
any appeal submitted in relation to your request.

Who we will share your information with?

The council will not share your information with any third party unless
you ask us to do so or we are required to do so by law.

How long do we keep your records?

We will keep personal information relating to your request for a maximum
of six years after your request and any appeal associated with your
request has been answered.

Your rights

If you have any questions or concerns about how your information is used,
please contact the Data Protection Officer. More information about data
protection and how it applies to you, including how to make a complaint,
is available from the [3]Information Commissioner's Office

You have a number of rights under data protection law, including the right
to request your information and to request that the information be amended
if incorrect or, in some circumstances, erased.

To make a request for information, amendment or erasure, you will need to
put your request in writing and provide proof of identification to the
Data Protection Officer, West Lothian Council, West Lothian Civic Centre,
Howden South Road, Livingston, West Lothian, EH54 6FF Email: [4][email
address]

show quoted sections

Dear West Lothian Council,

I thought it prudent to advise that should West Lothian Council come back with the same response as Stirling Council:

"Stirling Council follow Scottish Government and UK guidance on supporting transgender young people. In order for an individual to have their affirmed gender legally reassigned and recognised in the UK, it the person must obtain a Gender Recognition Certificate. The criteria states that a person must be 18 or over, been diagnosed with gender dysphoria, been living in their affirmed gender for at least two years and intend to live in this gender for the rest of their life. "

A response as above would be highly inaccurate should you claim this, as my co -founder Samantha Kerr has evidence of the contrary by means of an iPayment receipt which I have been given a copy of, (and have permission from Ms Kerr to name her publicly,) and which clearly indicates you are actively adhering to SG guidance on this matter. I'm sure Elaine Cook Head of Education will know the pupil in question, although due to DPA I will not be putting any names to this clarification.

https://www.gov.scot/publications/suppor...

The Stirling IR: https://www.whatdotheyknow.com/request/s...

Yours faithfully,
[name removed]
[name removed]

Dear West Lothian Council,

Ms Kerr was pleased to see I obtained your insurance indemnity: She sends her regards to Elaine Cook.
https://policescotlandangels.org/?page_i...

https://www.whatdotheyknow.com/request/s...

Yours faithfully,

[name removed]
[name removed]

West Lothian Council

DATA LABEL: Official (Sensitive)

Dear [name removed]

Information Request

Our Reference: 101007477825

Thank you for your recent email this has been added to your review.

Freedom of Information - 20 working days
Environmental Information Requests - 20 working days
Subject Access Requests (Data Protection Act) - 28 calendar days

Should the ILO require further information to process your request then
they will contact you directly. If you require any further assistance then
please do not hesitate to contact us.

Kind Regards

Susan

Customer Service

Tel: 01506 280000
Email: [email address]
Web: www.westlothian.gov.uk

Find us on:

[1]HTML tutorial [2]HTML tutorial

Privacy information

Information held about you

West Lothian Council will hold all personal information contained in your
request and all personal information needed to answer your request in
accordance with data protection law. It is important that we hold accurate
and up to date information about you in order to respond to your request.
If any of your details have changed, or change in the future, please
ensure that you tell us as soon as possible so that we can update your
records.

How will we use information we hold about you?

We will use your personal information to respond to your request and to
any appeal submitted in relation to your request.

Who we will share your information with?

The council will not share your information with any third party unless
you ask us to do so or we are required to do so by law.

How long do we keep your records?

We will keep personal information relating to your request for a maximum
of six years after your request and any appeal associated with your
request has been answered.

Your rights

If you have any questions or concerns about how your information is used,
please contact the Data Protection Officer. More information about data
protection and how it applies to you, including how to make a complaint,
is available from the [3]Information Commissioner's Office

You have a number of rights under data protection law, including the right
to request your information and to request that the information be amended
if incorrect or, in some circumstances, erased.

To make a request for information, amendment or erasure, you will need to
put your request in writing and provide proof of identification to the
Data Protection Officer, West Lothian Council, West Lothian Civic Centre,
Howden South Road, Livingston, West Lothian, EH54 6FF Email: [4][email
address]

show quoted sections

West Lothian Council

DATA LABEL: Official (Sensitive)

Dear [name removed]

Information Request

Our Reference: 101007477825

Thank you for your recent email this has been added to your review.

Freedom of Information - 20 working days
Environmental Information Requests - 20 working days
Subject Access Requests (Data Protection Act) - 28 calendar days

Should the ILO require further information to process your request then
they will contact you directly. If you require any further assistance then
please do not hesitate to contact us.

Kind Regards

Susan

Customer Service

Tel: 01506 280000
Email: [email address]
Web: www.westlothian.gov.uk

Find us on:

[1]HTML tutorial [2]HTML tutorial

Privacy information

Information held about you

West Lothian Council will hold all personal information contained in your
request and all personal information needed to answer your request in
accordance with data protection law. It is important that we hold accurate
and up to date information about you in order to respond to your request.
If any of your details have changed, or change in the future, please
ensure that you tell us as soon as possible so that we can update your
records.

How will we use information we hold about you?

We will use your personal information to respond to your request and to
any appeal submitted in relation to your request.

Who we will share your information with?

The council will not share your information with any third party unless
you ask us to do so or we are required to do so by law.

How long do we keep your records?

We will keep personal information relating to your request for a maximum
of six years after your request and any appeal associated with your
request has been answered.

Your rights

If you have any questions or concerns about how your information is used,
please contact the Data Protection Officer. More information about data
protection and how it applies to you, including how to make a complaint,
is available from the [3]Information Commissioner's Office

You have a number of rights under data protection law, including the right
to request your information and to request that the information be amended
if incorrect or, in some circumstances, erased.

To make a request for information, amendment or erasure, you will need to
put your request in writing and provide proof of identification to the
Data Protection Officer, West Lothian Council, West Lothian Civic Centre,
Howden South Road, Livingston, West Lothian, EH54 6FF Email: [4][email
address]

show quoted sections

Dear West Lothian Council,

Please see another response for this request from South Ayrshire Council, just to ensure you don’t attempt a spurious exemption:

https://www.whatdotheyknow.com/request/s...

Yours faithfully,
[name removed]
[name removed]

Customer Service, West Lothian Council

 Thank you for emailing the Customer Service Centre. If you have not used
our "contact us" form for this enquiry then please use the following link
for future enquiries. [1]www.westlothian.gov.uk/contactus

Due to the high volume of email traffic recently we may take longer than
our 24 hour response. Should you require a quicker response please call us
on 01506 280000 or use our on-line form facility at
[2]www.westlothian.gov.uk/report

[3]Cost of Living

References

Visible links
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2. file:///tmp/www.westlothian.gov.uk/report
3. https://www.westlothian.gov.uk/costofliv...

West Lothian Council

DATA LABEL: Official (Sensitive)

Dear [name removed]

Information Request

Our Reference: 101007477825

Your email has been added to your open case.

Thank you for your recent request for information which has been logged
and transferred to the appropriate Service Information Liaison Officer
(ILO) who will provide a response within the appropriate timeline shown
below:

Freedom of Information - 20 working days
Environmental Information Requests - 20 working days
Subject Access Requests (Data Protection Act) - 28 calendar days

Should the ILO require further information to process your request then
they will contact you directly. If you require any further assistance then
please do not hesitate to contact us.

Kind Regards

Susan

Customer Service

Tel: 01506 280000
Email: [email address]
Web: www.westlothian.gov.uk

Find us on:

[1]HTML tutorial [2]HTML tutorial

Privacy information

Information held about you

West Lothian Council will hold all personal information contained in your
request and all personal information needed to answer your request in
accordance with data protection law. It is important that we hold accurate
and up to date information about you in order to respond to your request.
If any of your details have changed, or change in the future, please
ensure that you tell us as soon as possible so that we can update your
records.

How will we use information we hold about you?

We will use your personal information to respond to your request and to
any appeal submitted in relation to your request.

Who we will share your information with?

The council will not share your information with any third party unless
you ask us to do so or we are required to do so by law.

How long do we keep your records?

We will keep personal information relating to your request for a maximum
of six years after your request and any appeal associated with your
request has been answered.

Your rights

If you have any questions or concerns about how your information is used,
please contact the Data Protection Officer. More information about data
protection and how it applies to you, including how to make a complaint,
is available from the [3]Information Commissioner's Office

You have a number of rights under data protection law, including the right
to request your information and to request that the information be amended
if incorrect or, in some circumstances, erased.

To make a request for information, amendment or erasure, you will need to
put your request in writing and provide proof of identification to the
Data Protection Officer, West Lothian Council, West Lothian Civic Centre,
Howden South Road, Livingston, West Lothian, EH54 6FF Email: [4][email
address]

show quoted sections

Johnston, Carol, West Lothian Council

DATA LABEL: OFFICIAL

Dear Sirs

Internal Review – 101007477825

Supporting gender reassignment recognition for pupils

I refer to your email of 22 November 2022, requesting internal review of
the response to you FOI reference number – 101007466692, received by the
council on 8 November 2022.

Education Services have been contacted in connection with the review.

To allow me to respond to your request in full, I require information from
Education services.   The process of identifying information which may be
within the terms of your request will not be completed by 21 December,
which is the date by which your internal review should be completed.

In the circumstances, I can inform you that I expect to be in a position
to review information provided, and issue a response to your internal
review request, by no later than 31 January 2023.

If you are dissatisfied with the outcome of the internal review, a further
right of review exists to the Scottish Information Commissioner. You can
apply online:  [1]www.itspublicknowledge.info/Appeal or in writing to the
Office of the Scottish Information Commissioner, Kinburn Castle,
Doubledykes Road, St. Andrews, Fife, KY16 9DS (01334 464610;  email [email
address]).

You can apply to the Commissioner for a decision on the manner in which
the Council has dealt with your request under the Freedom of Information
(Scotland) Act 2002. The application must be submitted within 6 months
after the date of receipt by you of the outcome of the internal review.
The application must be in writing, e-mail or some other permanent format
and should state your name, address and specify the original request for
information and the reason for your dissatisfaction. Should you then wish
to appeal against the Commissioner’s decision, there is a right of appeal
to the Court of Session on a point of law only. Any such appeal must be
made within 42 days after the date of intimation of the Commissioner’s
decision

Regards

Carol Johnston

Chief Solicitor

West Lothian Council - Data Labels:

 

OFFICIAL - Sensitive: Contains Personal or Business Sensitive Information
for authorised personnel only

OFFICIAL: Contains information for council staff only

PUBLIC: All information has been approved for public disclosure

NON-COUNCIL BUSINESS: Contains no business related or sensitive
information

 

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Dear Johnston, Carol,

Carol, I think even you know the response to this request.

Yours sincerely,
[name removed]
[name removed]

Johnston, Carol, West Lothian Council

Thank you for your email.    I am out of the office until 4 January 2023. 
Your email will be dealt with on my return.

If your email is urgent please contact:-

Audrey Watson - licensing business

Lesley Montague - Property/Planning

Nicola Hogg - Litigation

Val Johnston - Committee

[1]Cost of Living. 20221208

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Johnston, Carol, West Lothian Council

DATA LABEL: OFFICIAL

Dear Sirs

Internal Review – 101007477825

Supporting gender reassignment recognition for pupils

I refer to my email of 19 December 2022 and your email of 22 November
2022, requesting internal review of the response to you FOI reference
number – 101007466692, received by the council on 8 November 2022.

Education Services have been contacted in connection with the review and
information has been collated from all Primary and Secondary Schools in
West Lothian.    For your information, the Education Authority operates 83
schools within its area – 72 of which are Primary Schools and 11 of which
are Secondary Schools.    Details of all schools (current and due to be
opened) can be found on the Councils webpages via the links:-

[1]All Secondary Schools - West Lothian Council

[2]All Primary Schools - West Lothian Council

Having reviewed the response to your Freedom of Information (FOI) request,
I am upholding your request for internal review.

In your 8 November 2022 FOI request you sought the following:-

 1. Per school, please provide the number of pupils that have received
gender reassignment recognition

 a. Please break the numbers down per school for male pupils identifying
as female
 b. Please break the numbers down per school for female pupils identifying
as male

 2. Please also provide the number of pupils per school that have received
gender reassignment recognition that each school have supported and
have any change of gender name officially recorded on the school and
educational system data base per school

 a. Please break this down for males identifying as females with name
change recorded
 b. Please break this down for females now identifying as males with name
change recorded

In your review request, you have referenced the Scottish Government
Guidance for Scottish Schools – Supporting Transgender Pupils in
Schools.    The Guidance recognises the term “gender reassignment” as
being the protected characteristic in terms of the Equality Act 2010,
which relates to transgender people.    In terms of the 2010 Act, a young
person has the protected characteristic of gender reassignment if they
propose to undergo, are undergoing or have undergone any part of a process
for the purpose reassigning their sex.   The Equality and Human Rights
Commission issued Technical guidance for schools in Scotland which
recognised that gender reassignment is a personal rather than medical
process, and that an individual will have the protected characteristic of
gender reassignment in a number of circumstances, specifically once:-

• he or she makes his or her intention known to someone, regardless of
who this is

(whether it is someone at school or at home, or someone such as a doctor)

• he or she has proposed to undergo gender reassignment, even if he or
she takes no

further steps or decides to stop later on

• there is manifestation of an intention to undergo gender reassignment,
even if he or

she has not reached an irrevocable decision

• he or she starts or continues to dress, behave or live (full-time or
part-time) according

to the gender with which he or she identifies as a person

• he or she undergoes treatment related to gender reassignment, such as
surgery or

hormone therapy; or

• he or she has received gender recognition under the Gender Recognition
Act 2004. It

does not matter which of these applies to a person for him or her to be
protected

because of the characteristic of gender reassignment

The numbers of pupils in West Lothian schools who have received gender
reassignment recognition is limited.   Fifteen schools, out of the 83
education establishments in West Lothian, are providing support to a
pupil/s undergoing, or who has undergone, gender reassignment
recognition.    Given the limited number of schools and pupils within then
who have the protected characteristic, it may be possible to identify
pupils, or obtain elements of information, which could lead to the
identification of pupils in particular schools, if school specific data is
provided.   As a result, the information provided is not broken down into
individual schools, but is split into Secondary and Primary School
totals.   In this respect the Education Authority applies the exemption
found in Section 38 (1)(b) of Freedom of Information (Scotland) Act
2002.  

Section 38(1)(b) is subject to the public interest test.    Whilst general
information regarding the number of pupils who have the protected
characteristic of gender reassignment within the Education Authority
schools may be of general interest to the public, the individual identity
of those pupils is not.   The public can have no legitimate expectation of
being able to identify those pupils either in individual schools or across
a number of schools.   On this basis, I am satisfied that disclosure of
school level data would, or is likely to, contravene data protection
principles and that the public interest test is outweighed by those.

Schools do not record information specifically in relation to whether
there is manifestation of an intention to undergo gender reassignment,
even if he or she has not reached an irrevocable decision.    Information
in this respect would only be recorded if the pupil consented to its
recording.   There are no such consents/information recorded and
therefore, in this respect in terms of Section 17 of the Freedom of
Information (Scotland) Act 2002, notice is given that the information
sought is not held by the Education Authority.   

 

Otherwise, in response to part 1 of your request relative to the number of
pupils who have received gender reassignment recognition:-

 a. Please break the numbers down per school for male pupils identifying
as female

Total number 10 – 2 Primary School and 8 Secondary School

 b. Please break the numbers down per school for female pupils identifying
as males

Total number 46 – 6 Primary School and 40 Secondary School

In response to part 2 of your request:-

 2. provide the number of pupils per school that have received gender
reassignment recognition that each school have supported and have any
change of gender name officially recorded on the school and
educational system data base per school

 a. Please break this down for males identifying as females with name
change recorded
 b. Please break this down for females now identifying as males with name
change recorded

Schools only record official name changes if requested to do so.  There
are no recorded requests of this nature.   Where pupils prefer to be known
by another name, this is recorded, if the pupil requests it, on the SEEMIS
system recording that the pupil wishes to be Known As a specific name.  
On this basis the Education Authority does not hold information regarding
official recording of name changes and notice in terms of Section 17 of
FOISA is therefore given.

You requested that information be provided for a 3 year period.   Please
note that the data provided relates to the whole of the schools current
pupil population and therefore covers at least the last 3 years in terms
of your request.

If you are dissatisfied with the outcome of the internal review, a further
right of review exists to the Scottish Information Commissioner. You can
apply online:  [3]www.itspublicknowledge.info/Appeal or in writing to the
Office of the Scottish Information Commissioner, Kinburn Castle,
Doubledykes Road, St. Andrews, Fife, KY16 9DS (01334 464610;  email
[4][email address]).

You can apply to the Commissioner for a decision on the manner in which
the Council has dealt with your request under the Freedom of Information
(Scotland) Act 2002. The application must be submitted within 6 months
after the date of receipt by you of the outcome of the internal review.
The application must be in writing, e-mail or some other permanent format
and should state your name, address and specify the original request for
information and the reason for your dissatisfaction. Should you then wish
to appeal against the Commissioner’s decision, there is a right of appeal
to the Court of Session on a point of law only. Any such appeal must be
made within 42 days after the date of intimation of the Commissioner’s
decision

Regards

Carol Johnston

Chief Solicitor

Legal Services

West Lothian Civic Centre

Howden South Road

LIVINGSTON  

EH54 6FF

DX 552060, Livingston 7

LP 1 Livingston 2

West Lothian Council - Data Labels:

 

OFFICIAL - Sensitive: - Contains Personal or Business Sensitive
Information for authorised personnel

OFFICIAL: Contains information for council staff only

PUBLIC: All information has been approved for public disclosure

NON-COUNCIL BUSINESS: Contains no business related or sensitive
information

 

Link to Information Handling Procedure:
[5]http://intranet.westlothian.gov.uk/CHttp...

 

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Our Ref: REV-026888 / 01640614

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This message, together with any attachments, is sent subject to the
following statements:

1. It is sent in confidence for the addressee only. It may
contain legally privileged information. The contents are
not to be disclosed to anyone other than the addressee.
Unauthorised recipients are requested to preserve this
confidentiality and to advise the sender immediately.
2. It does not constitute a representation which is legally
binding on the Council or which is capable of constituting
a contract and may not be founded upon in any proceedings
following hereon unless specifically indicated otherwise.

http://www.westlothian.gov.uk

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