Documentation relating to the 2019 England RFU transgender policy creation

M Kelly made this Freedom of Information request to Sport England

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Dear Sport England,

I am writing to you under the Freedom of Information Act 2000 to request the information detailed below. For clarity, I use the following terms and definitions.

England RFU released a transgender player policy on 20th May 2019. Could you provide me with copies of all information, including but not limited to correspondence, notes of telephone calls and emails held by Sport England related to the creation of this policy, and the evidence published in support of the policy, including any information held relating to :-

• Discussions or planned discussions with Rugby RFU about the 2019 policy

• Consultations with players and groups, promoting the encouragement and support of a) female players and b) transgender players in sport.

• Consultations with medical professionals, scientists, etc, regarding the impact of allowing a) transgender women to take part in women’s competitions and b) transgender men to take part in men’s competitions. Reference to studies considered as part of the consultations should be detailed, along with any other evidence considered as part of the decision-making process.

• Any assessment carried out of the implications of the 2019 transgender policy for gender-affected sporting activities as defined in s195 of the Equality Act 2010 and the consideration given to potentially excluding transgender women from the women’s competitions and transgender men from the men’s competitions on the grounds of both fair competition and the safety of competitors. This may include, but is not limited to, impact/risk assessments, the possibility of members self-excluding or not entering the sport as a result of the perceived risks associated with mixed-sex contact training and games as well as mixed-sex use of shared changing areas and facilities.

• All relevant documentation regarding the process of communicating the 2019 transgender policy to all employees, rugby-playing member clubs and volunteers working within rugby.

If you consider that Sport England are not responsible for all, or some, aspects of my request, can you please advise which public authority responsible for sport in England would be able to provide this information.

Yours faithfully,

M Kelly

FOI, Sport England

Please accept this email as confirmation that your message has been
received by Sport England’s FOI mailbox.

 

You will receive a full acknowledgement of your message within five
working days.

 

Thank you,

 

FOI Team

[1]Sport England

[2]This girl can
 

1st Floor, 21 Bloomsbury Street, London, WC1B 3HF

[3]Sport [4]Sport [5]Sport [6]Sport [7]Sport England Youtube
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In Twitter Facebook Instagram

 

 
We have updated our Privacy Statement to reflect the recent changes to
data protection law but rest assured, we will continue looking after your
personal data just as carefully as we always have. Our Privacy Statement
is published on our [8]website, and our Data Protection Officer can be
contacted by emailing [9]Erin Stephens

 

The information contained in this e-mail may be subject to public
disclosure under the Freedom of Information Act 2000. Additionally, this
email and any attachment are confidential and intended solely for the use
of the individual to whom they are addressed. If you are not the intended
recipient, be advised that you have received this email and any attachment
in error, and that any use, dissemination, forwarding, printing, or
copying, is strictly prohibited. If you voluntarily provide personal data
by email, Sport England will handle the data in accordance with its
Privacy Statement. Sport England’s Privacy Statement may be found here
https://www.sportengland.org/privacy-sta... If you have any queries
about Sport England’s handling of personal data you can contact Louise
Hartley, Sport England’s Data Protection Officer directly by emailing
[email address]

References

Visible links
1. http://www.sportengland.org/
2. http://www.thisgirlcan.co.uk/
3. https://linkedin.com/company/sport-england
4. https://twitter.com/sport_england
5. https://facebook.com/sportengland
6. https://instagram.com/officialsportengla...
7. https://youtube.com/user/sportenglandfilm
8. https://www.sportengland.org/privacy-sta...
9. mailto:[email address]%3e

FOI, Sport England

Dear Mr Kelly

 

Thank you for your email in which you request documentation relating to
the 2019 England RFU transgender policy creation. Your email was received
on 19 October 2020 and has been passed to me as I am responsible for
responding to requests for information held by Sport England. 

 

As a public body, Sport England is subject to the terms of the Freedom of
Information Act 2000 and the Environmental Information Regulations 2004
and we will handle your request in accordance with their terms. We will
provide you with our full response promptly and usually within twenty
working days. In some circumstances we may extend this to allow us to
consider the public interest; if this is necessary in your case I will
write to you again and explain why.

 

At this stage it is important to advise you that Sport England, just like
many other organisations and the nation generally, is dealing with the
severe impact of the coronavirus pandemic on human, physical and
technological resources. These impacts have led to delays in the delivery
of our timescales. Should this affect the delivery of a response to your
request we will advise you and request an extension.

 

I will be in touch again in due course and in any event not later than 13
November 2020. In the meantime, please feel free to contact me if I can be
of any further assistance.

 

Kind regards

 

Yemisi Abiodun Information Governance Manager   

We have updated our Privacy Statement to reflect the recent changes to
data protection law but rest assured, we will continue looking after your
personal data just as carefully as we always have. Our Privacy Statement
is published on our [1]website, and our Data Protection Officer can be
contacted by emailing [2]Gaile Walters

 

From: M Kelly <[FOI #700224 email]>
Sent: Sunday, October 18, 2020 11:38 PM
To: FOI <[Sport England request email]>
Subject: Freedom of Information request - Documentation relating to the
2019 England RFU transgender policy creation

 

Dear Sport England,

I am writing to you under the Freedom of Information Act 2000 to request
the information detailed below. For clarity, I use the following terms and
definitions.

England RFU released a transgender player policy on 20th May 2019. Could
you provide me with copies of all information, including but not limited
to correspondence, notes of telephone calls and emails held by Sport
England related to the creation of this policy, and the evidence published
in support of the policy, including any information held relating to :-

• Discussions or planned discussions with Rugby RFU about the 2019 policy

• Consultations with players and groups, promoting the encouragement and
support of a) female players and b) transgender players in sport.

• Consultations with medical professionals, scientists, etc, regarding the
impact of allowing a) transgender women to take part in women’s
competitions and b) transgender men to take part in men’s competitions.
Reference to studies considered as part of the consultations should be
detailed, along with any other evidence considered as part of the
decision-making process.

• Any assessment carried out of the implications of the 2019 transgender
policy for gender-affected sporting activities as defined in s195 of the
Equality Act 2010 and the consideration given to potentially excluding
transgender women from the women’s competitions and transgender men from
the men’s competitions on the grounds of both fair competition and the
safety of competitors. This may include, but is not limited to,
impact/risk assessments, the possibility of members self-excluding or not
entering the sport as a result of the perceived risks associated with
mixed-sex contact training and games as well as mixed-sex use of shared
changing areas and facilities.

• All relevant documentation regarding the process of communicating the
2019 transgender policy to all employees, rugby-playing member clubs and
volunteers working within rugby.

If you consider that Sport England are not responsible for all, or some,
aspects of my request, can you please advise which public authority
responsible for sport in England would be able to provide this
information.

Yours faithfully,

M Kelly

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[3][FOI #700224 email]

Is [4][Sport England request email] the wrong address for Freedom of Information
requests to Sport England? If so, please contact us using this form:

[5]https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[6]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:

[7]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

Dear FOI,

Thank you for your automated response, indicating receipt of my FOI submission. Unfortunately your automated response generator seems to be assuming the sex of the person submitting the FOI is always male.

"Dear Mr Kelly
Thank you for your email in which you request documentation ..."

Is there any chance you could perhaps correct this as females can also submit FOIs as well.

Yours sincerely,

M Kelly

FOI, Sport England

Please accept this email as confirmation that your message has been
received by Sport England’s FOI mailbox.

 

You will receive a full acknowledgement of your message within five
working days.

 

Thank you,

 

FOI Team

[1]Sport England

[2]This girl can
 

1st Floor, 21 Bloomsbury Street, London, WC1B 3HF

[3]Sport [4]Sport [5]Sport [6]Sport [7]Sport England Youtube
England Linked England England England Channel
In Twitter Facebook Instagram

 

 
We have updated our Privacy Statement to reflect the recent changes to
data protection law but rest assured, we will continue looking after your
personal data just as carefully as we always have. Our Privacy Statement
is published on our [8]website, and our Data Protection Officer can be
contacted by emailing [9]Erin Stephens

 

The information contained in this e-mail may be subject to public
disclosure under the Freedom of Information Act 2000. Additionally, this
email and any attachment are confidential and intended solely for the use
of the individual to whom they are addressed. If you are not the intended
recipient, be advised that you have received this email and any attachment
in error, and that any use, dissemination, forwarding, printing, or
copying, is strictly prohibited. If you voluntarily provide personal data
by email, Sport England will handle the data in accordance with its
Privacy Statement. Sport England’s Privacy Statement may be found here
https://www.sportengland.org/privacy-sta... If you have any queries
about Sport England’s handling of personal data you can contact Louise
Hartley, Sport England’s Data Protection Officer directly by emailing
[email address]

References

Visible links
1. http://www.sportengland.org/
2. http://www.thisgirlcan.co.uk/
3. https://linkedin.com/company/sport-england
4. https://twitter.com/sport_england
5. https://facebook.com/sportengland
6. https://instagram.com/officialsportengla...
7. https://youtube.com/user/sportenglandfilm
8. https://www.sportengland.org/privacy-sta...
9. mailto:[email address]%3e

FOI, Sport England

Dear Ms Kelly

 

Please accept our sincere apologies for incorrectly addressing you as a
male.

 

We have now corrected this on our records and it should not occur again.

 

Kind regards

 

 

Yemisi Abiodun Information Governance Manager   

We have updated our Privacy Statement to reflect the recent changes to
data protection law but rest assured, we will continue looking after your
personal data just as carefully as we always have. Our Privacy Statement
is published on our [1]website, and our Data Protection Officer can be
contacted by emailing [2]Gaile Walters

 

From: M Kelly <[FOI #700224 email]>
Sent: Wednesday, October 21, 2020 9:15 PM
To: FOI <[Sport England request email]>
Subject: RE: Freedom of Information request - Documentation relating to
the 2019 England RFU transgender policy creation

 

Dear FOI,

Thank you for your automated response, indicating receipt of my FOI
submission. Unfortunately your automated response generator seems to be
assuming the sex of the person submitting the FOI is always male.

"Dear Mr Kelly

Thank you for your email in which you request documentation ..."

Is there any chance you could perhaps correct this as females can also
submit FOIs as well.

Yours sincerely,

M Kelly

show quoted sections

FOI, Sport England

Dear Ms Kelly

 

Thank you for your recent email requesting documentation relating to the
2019 England RFU transgender policy creation. We are handling your request
under the terms of the Freedom of Information Act 2000 (The Act)

 

I am writing to let you know that we have applied a public interest
extension to your request. We have taken this decision under section 10(3)
of the Act which allows additional time to be added for consideration of
the public interest test in relation to one of the qualified exemptions in
the Act.

 

Sport England holds some information falling within the scope of your
request, but we consider it to be exempt from disclosure under section 41
of The Act as it was provided to us in confidence. We will now consider
whether the balance of the public interest lies in maintaining this
exemption or disclosing the information. In determining the balance of the
public interest, we will be guided by the good practice recommendations
issued by the Information Commissioner’s Office.

 

Our final response will be sent to you not later than 14 December 2020.

 

Thank you for your patience.

 

Kind regards

 

 

Yemisi Abiodun Information Governance Manager   

We have updated our Privacy Statement to reflect the recent changes to
data protection law but rest assured, we will continue looking after your
personal data just as carefully as we always have. Our Privacy Statement
is published on our [1]website, and our Data Protection Officer can be
contacted by emailing [2]Gaile Walters

 

From: FOI <[Sport England request email]>
Sent: Monday, October 19, 2020 5:01 PM
To: M Kelly <[FOI #700224 email]>; FOI
<[Sport England request email]>
Subject: RE: Freedom of Information request - Documentation relating to
the 2019 England RFU transgender policy creation

 

Dear Ms Kelly

 

Thank you for your email in which you request documentation relating to
the 2019 England RFU transgender policy creation. Your email was received
on 19 October 2020 and has been passed to me as I am responsible for
responding to requests for information held by Sport England. 

 

As a public body, Sport England is subject to the terms of the Freedom of
Information Act 2000 and the Environmental Information Regulations 2004
and we will handle your request in accordance with their terms. We will
provide you with our full response promptly and usually within twenty
working days. In some circumstances we may extend this to allow us to
consider the public interest; if this is necessary in your case I will
write to you again and explain why.

 

At this stage it is important to advise you that Sport England, just like
many other organisations and the nation generally, is dealing with the
severe impact of the coronavirus pandemic on human, physical and
technological resources. These impacts have led to delays in the delivery
of our timescales. Should this affect the delivery of a response to your
request we will advise you and request an extension.

 

I will be in touch again in due course and in any event not later than 13
November 2020. In the meantime, please feel free to contact me if I can be
of any further assistance.

 

Kind regards

 

Yemisi Abiodun Information Governance Manager   

We have updated our Privacy Statement to reflect the recent changes to
data protection law but rest assured, we will continue looking after your
personal data just as carefully as we always have. Our Privacy Statement
is published on our [3]website, and our Data Protection Officer can be
contacted by emailing [4]Gaile Walters

 

From: M Kelly <[5][FOI #700224 email]>
Sent: Sunday, October 18, 2020 11:38 PM
To: FOI <[6][Sport England request email]>
Subject: Freedom of Information request - Documentation relating to the
2019 England RFU transgender policy creation

 

Dear Sport England,

I am writing to you under the Freedom of Information Act 2000 to request
the information detailed below. For clarity, I use the following terms and
definitions.

England RFU released a transgender player policy on 20th May 2019. Could
you provide me with copies of all information, including but not limited
to correspondence, notes of telephone calls and emails held by Sport
England related to the creation of this policy, and the evidence published
in support of the policy, including any information held relating to :-

• Discussions or planned discussions with Rugby RFU about the 2019 policy

• Consultations with players and groups, promoting the encouragement and
support of a) female players and b) transgender players in sport.

• Consultations with medical professionals, scientists, etc, regarding the
impact of allowing a) transgender women to take part in women’s
competitions and b) transgender men to take part in men’s competitions.
Reference to studies considered as part of the consultations should be
detailed, along with any other evidence considered as part of the
decision-making process.

• Any assessment carried out of the implications of the 2019 transgender
policy for gender-affected sporting activities as defined in s195 of the
Equality Act 2010 and the consideration given to potentially excluding
transgender women from the women’s competitions and transgender men from
the men’s competitions on the grounds of both fair competition and the
safety of competitors. This may include, but is not limited to,
impact/risk assessments, the possibility of members self-excluding or not
entering the sport as a result of the perceived risks associated with
mixed-sex contact training and games as well as mixed-sex use of shared
changing areas and facilities.

• All relevant documentation regarding the process of communicating the
2019 transgender policy to all employees, rugby-playing member clubs and
volunteers working within rugby.

If you consider that Sport England are not responsible for all, or some,
aspects of my request, can you please advise which public authority
responsible for sport in England would be able to provide this
information.

Yours faithfully,

M Kelly

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[7][FOI #700224 email]

Is [8][Sport England request email] the wrong address for Freedom of Information
requests to Sport England? If so, please contact us using this form:

[9]https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[10]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:

[11]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

FOI, Sport England

3 Attachments

Dear Ms Kelly

 

I write further to my email below. After further consideration we have
decided that it is in the public interest to release to you ALL the
information that we hold that falls within the scope of your request for
information.

 

We are pleased to provide you with the three attached documents which are
two email trails and a draft transgender policy. This is all the
information that we hold that is relevant to your request.  As you can
see, we have redacted the names and direct email addresses of our staff
and stakeholders as these constitute personal data as defined by the Data
Protection Act 2018. They have a reasonable expectation of privacy and
would not expect us to make information about their lives public. As such,
disclosure of this information would be neither fair nor lawful and in
direct contravention of the first data protection principle. We are
therefore refusing to disclose this information.

 

This completes our response to your information request.

 

As a public body, Sport England is subject to the terms of the Freedom of
Information Act 2000 and this means you are entitled to complain if you
are unhappy with the way we have handled your information request and/or
ask us to review our decision.

 

If you would like to complain about the way we have handled your request
or ask for our decision to be reviewed please contact:
[1][Sport England request email] 

 

Please describe your original request, explain your grounds for
dissatisfaction and include an address for correspondence. All internal
reviews are carried out by a colleague who has not previously been
involved in the handling of your information request. We aim to complete
internal reviews within twenty working days.

 

If you are not content with the outcome of our Internal Review you have
the right to appeal to the Information Commissioner. Generally speaking
the Information Commissioner will not be able to consider an appeal unless
you have first exhausted the Internal Review procedure provided by Sport
England.

 

The Information Commissioner can be contacted at:

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

[2]www.ico.org.uk

 

I hope that this satisfies your information request.

 

Kind regards,

 

 

Yemisi Abiodun Information Governance Manager   

We have updated our Privacy Statement to reflect the recent changes to
data protection law but rest assured, we will continue looking after your
personal data just as carefully as we always have. Our Privacy Statement
is published on our [3]website, and our Data Protection Officer can be
contacted by emailing [4]Gaile Walters

 

From: FOI <[Sport England request email]>
Sent: Friday, November 13, 2020 1:54 PM
To: FOI <[Sport England request email]>; M Kelly
<[FOI #700224 email]>
Subject: Freedom of Information request - Documentation relating to the
2019 England RFU transgender policy creation

 

Dear Ms Kelly

 

Thank you for your recent email requesting documentation relating to the
2019 England RFU transgender policy creation. We are handling your request
under the terms of the Freedom of Information Act 2000 (The Act)

 

I am writing to let you know that we have applied a public interest
extension to your request. We have taken this decision under section 10(3)
of the Act which allows additional time to be added for consideration of
the public interest test in relation to one of the qualified exemptions in
the Act.

 

Sport England holds some information falling within the scope of your
request, but we consider it to be exempt from disclosure under section 41
of The Act as it was provided to us in confidence. We will now consider
whether the balance of the public interest lies in maintaining this
exemption or disclosing the information. In determining the balance of the
public interest, we will be guided by the good practice recommendations
issued by the Information Commissioner’s Office.

 

Our final response will be sent to you not later than 14 December 2020.

 

Thank you for your patience.

 

Kind regards

 

 

Yemisi Abiodun Information Governance Manager   

We have updated our Privacy Statement to reflect the recent changes to
data protection law but rest assured, we will continue looking after your
personal data just as carefully as we always have. Our Privacy Statement
is published on our [5]website, and our Data Protection Officer can be
contacted by emailing [6]Gaile Walters

 

From: FOI <[7][Sport England request email]>
Sent: Monday, October 19, 2020 5:01 PM
To: M Kelly <[8][FOI #700224 email]>; FOI
<[9][Sport England request email]>
Subject: RE: Freedom of Information request - Documentation relating to
the 2019 England RFU transgender policy creation

 

Dear Ms Kelly

 

Thank you for your email in which you request documentation relating to
the 2019 England RFU transgender policy creation. Your email was received
on 19 October 2020 and has been passed to me as I am responsible for
responding to requests for information held by Sport England. 

 

As a public body, Sport England is subject to the terms of the Freedom of
Information Act 2000 and the Environmental Information Regulations 2004
and we will handle your request in accordance with their terms. We will
provide you with our full response promptly and usually within twenty
working days. In some circumstances we may extend this to allow us to
consider the public interest; if this is necessary in your case I will
write to you again and explain why.

 

At this stage it is important to advise you that Sport England, just like
many other organisations and the nation generally, is dealing with the
severe impact of the coronavirus pandemic on human, physical and
technological resources. These impacts have led to delays in the delivery
of our timescales. Should this affect the delivery of a response to your
request we will advise you and request an extension.

 

I will be in touch again in due course and in any event not later than 13
November 2020. In the meantime, please feel free to contact me if I can be
of any further assistance.

 

Kind regards

 

Yemisi Abiodun Information Governance Manager   

We have updated our Privacy Statement to reflect the recent changes to
data protection law but rest assured, we will continue looking after your
personal data just as carefully as we always have. Our Privacy Statement
is published on our [10]website, and our Data Protection Officer can be
contacted by emailing [11]Gaile Walters

 

From: M Kelly <[12][FOI #700224 email]>
Sent: Sunday, October 18, 2020 11:38 PM
To: FOI <[13][Sport England request email]>
Subject: Freedom of Information request - Documentation relating to the
2019 England RFU transgender policy creation

 

Dear Sport England,

I am writing to you under the Freedom of Information Act 2000 to request
the information detailed below. For clarity, I use the following terms and
definitions.

England RFU released a transgender player policy on 20th May 2019. Could
you provide me with copies of all information, including but not limited
to correspondence, notes of telephone calls and emails held by Sport
England related to the creation of this policy, and the evidence published
in support of the policy, including any information held relating to :-

• Discussions or planned discussions with Rugby RFU about the 2019 policy

• Consultations with players and groups, promoting the encouragement and
support of a) female players and b) transgender players in sport.

• Consultations with medical professionals, scientists, etc, regarding the
impact of allowing a) transgender women to take part in women’s
competitions and b) transgender men to take part in men’s competitions.
Reference to studies considered as part of the consultations should be
detailed, along with any other evidence considered as part of the
decision-making process.

• Any assessment carried out of the implications of the 2019 transgender
policy for gender-affected sporting activities as defined in s195 of the
Equality Act 2010 and the consideration given to potentially excluding
transgender women from the women’s competitions and transgender men from
the men’s competitions on the grounds of both fair competition and the
safety of competitors. This may include, but is not limited to,
impact/risk assessments, the possibility of members self-excluding or not
entering the sport as a result of the perceived risks associated with
mixed-sex contact training and games as well as mixed-sex use of shared
changing areas and facilities.

• All relevant documentation regarding the process of communicating the
2019 transgender policy to all employees, rugby-playing member clubs and
volunteers working within rugby.

If you consider that Sport England are not responsible for all, or some,
aspects of my request, can you please advise which public authority
responsible for sport in England would be able to provide this
information.

Yours faithfully,

M Kelly

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[14][FOI #700224 email]

Is [15][Sport England request email] the wrong address for Freedom of Information
requests to Sport England? If so, please contact us using this form:

[16]https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[17]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:

[18]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections