Statutory Power to Socially Transition children under 16 within Schools.
Dear Orkney Islands Council,
Per FOISA please provide me with information contained in your records as follows:
Please provide statutory powers and legislation that gives all your local authority education and Schools the legal authority to socially transition children under 16 per your CfE?
Yours faithfully,
[name removed]
[name removed]
Classification: NOT PROTECTIVELY MARKED
Dear Madam
Freedom of Information (Scotland) Act 2002 – Request for Information
Thank you for your information request dated 5 December 2022 and received on 5 December 2022. Our reference is FOI 2022-1096. This is being dealt with under the Freedom of Information (Scotland) Act 2002.
We are considering your request. We may be in touch soon to ask for further clarification or to offer advice and assistance if we are not able to fulfil your request in its present form.
The legislation allows us up to 20 working days from the date that we receive a valid request, including any clarification we need to make a final response. We will be in touch within 20 working days of receipt of your initial request to provide our response or to seek clarification where necessary. We hope to give you the information you are looking for at an earlier date if possible.
Regards
Katy Russell-Duff
Administrative Officer/FOI Co-ordinator
Strategy, Performance and Business Solutions
Council Offices, School Place, Kirkwall, Orkney, KW15 1NY
Telephone (01856) 873535 Extension 2210
Classification: NOT PROTECTIVELY MARKED
Dear Madam
Freedom of Information (Scotland) Act 2002 – Request for Information
I refer to your information request received 5 December 2022. Our reference is FOI 2022-1096.
Could you provide an example of the type of information that is required?
Under FOISA, if you are dissatisfied with our response, you may ask the Council to review its handling of your request. If you wish to do this, you should make your request for review within 40 working days of receiving this email. Please make your request for review to the Service Manager (Governance), Council Offices, School Place, Kirkwall, Orkney, KW15 1NY or email to [Orkney Islands Council request email], Your request must be in permanent form (letter, email, audio tape etc) and should state:
That you are asking for a review of this decision, and
Why you are unhappy with the response you have received.
We will issue a full response to your request for review within 20 working days of our receiving it.
Where the outcome of the review fails to resolve the matter to your complete satisfaction, you then have the right to apply to the Scottish Information Commissioner for a decision. You have six months in which to do so following receipt of our review outcome – see www.itspublicknowledge.info/Appeal.
Kind regards
Katy Russell-Duff
Administrative Officer/FOI Co-ordinator
Strategy, Performance and Business Solutions
Council Offices, School Place, Kirkwall, Orkney, KW15 1NY
Telephone (01856) 873535 Extension 2210
Dear foi,
https://www.gov.scot/publications/local-...
Powers and duties
Local authorities have a number of powers and duties which are set out in legislation:
mandatory duties - such as providing schooling for 5-16 year olds and social work services
I am requesting the mandatory duties you have as Statutory Powers you are relying on within legislation to Social Transition Children under 16 years of age - please see Education Scotland Link for definition of Social Transition:
https://education.gov.scot/parentzone/my...
Yours sincerely,
[name removed]
[name removed]
Dear foi,
I am requesting the mandatory duties you have as Statutory Powers you are relying on within legislation to Social Transition Children under 16 years of age - please see Education Scotland Link for definition of Social Transition:
https://www.brook.org.uk/your-life/trans...
When someone changes their gender expression and/or social identity, this is called ‘social transitioning’.
Yours sincerely,
[name removed]
[name removed]
Classification: NOT PROTECTIVELY MARKED
Dear Madam
Freedom of Information (Scotland) Act 2002 – Request for Information
I refer to your email dated 5 December 2022 and received on 5 December 2022, our reference is FOI 2022-1096.
I am pleased to give the information you requested and hope that it meets your requirements.
Although amended and changed by subsequent legislation, the core of the mandatory powers invested in a local authority (in relation to the provision of education) are set out in the Education (Scotland) Act 1980. This requires the authority to make provision for progressive education appropriate to the requirements of pupils.
With respect to transitions (as defined in the link provided https://education.gov.scot/parentzone/my...) there are requirements for the local authority to ensure parents are aware of the arrangements that are in place. In general this is achieved through the use of media (social network sites, local press and local broadcaster) along with direct communication between each school/setting and the families enrolled at botyh nursery and school. A small sample to illustrate this can be found at: https://www.orkney.gov.uk/Service-Direct...
Under FOISA, if you are dissatisfied with our response, you may ask the Council to review its handling of your request. If you wish to do this, you should make your request for review within 40 working days of receiving this email. Please make your request for review to Service Manager (Governance), Council Offices, School Place, Kirkwall, Orkney, KW15 1NY or email to [Orkney Islands Council request email]. Your request must be in permanent form (letter, email, audio tape etc) and should state:
That you are asking for a review of this decision, and
Why you are unhappy with the response you have received.
We will issue a full response to your request for review within 20 working days of our receiving it.
Where the outcome of the review fails to resolve the matter to your complete satisfaction, you then have the right to apply to the Scottish Information Commissioner for a decision. You have six months in which to do so following receipt of our review outcome – see www.itspublicknowledge.info/Appeal.
Regards
Paul Kesterton
Information Governance Officer
Strategy, Performance & Business Solutions
Orkney Islands Council, Council Offices, Kirkwall, Orkney, KW15 1NY
Telephone: 01856 873535 Extension: 2241
www.orkney.gov.uk
Dear Orkney Islands Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Orkney Islands Council's handling of my FOI request 'Statutory Power to Socially Transition children under 16 within Schools.'.
Can you confirm that the core of the mandatory powers invested in a local authority (in relation to the provision of education) are set out in the Education (Scotland) Act 1980. This requires the authority to make provision for progressive education appropriate to the requirements of pupils are inclusive of the within legislation to Social Transition Children under 16 years of age - please see Education Scotland Link for definition of Social Transition:
https://www.brook.org.uk/your-life/trans...
When someone changes their gender expression and/or social identity, this is called ‘social transitioning’.
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]
[name removed]
Dear foi,
You might wish to review this response from SG on the same request before humiliating your council.
https://www.whatdotheyknow.com/request/s...
Yours sincerely,
[name removed]
[name removed]
Classification: OFFICIAL
Dear Madam
Freedom of Information (Scotland) Act 2002 – Request for Review (ref: FOI
2022-1096)
I am writing regarding your request for a review under Section 20 of the
Freedom of Information (Scotland) Act 2002, relating to your request for
information about legislation and under 16s socially transitioning in
schools.
There is no legislation or statutory powers providing specific authority
for the Education Authority and Schools to socially transition children
under the age of 16. There is some non-statutory guidance
([1]www.gov.scot/publications/supporting-transgender-young-people-schools-guidance-scottish-schools/pages/2/)
which would be taken into account by the Education Authority and Schools
in such cases. However this guidance would be applied in the context of
duties established under other legislative frameworks such as the Equality
Act 2010, the Education (Additional Support for Learning) (Scotland) Act
2004 and the Children and Young People (Scotland) Act 2014.
Should the outcome of this review fail to resolve the matter to your
complete satisfaction, you have the right to apply to the Scottish
Information Commissioner for a decision. You have six months in which to
do so following receipt of our review outcome – see
[2]www.itspublicknowledge.info/Appeal or you can write to them at the
following address:
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
KY16 9DS
Telephone: 01334 464610
Email: [3][email address]
Kind regards
Hazel Flett
Service Manager (Governance)
Strategy, Performance and Business Solutions
Orkney Islands Council, Council Offices, Kirkwall, Orkney, KW15 1NY
Tel: 01856 873535 Extension 2208 Direct Dial: 01856 886463
Dear Hazel Flett,
Thank you for confirming that work with the principles of the national guidance – ‘Supporting
transgender young people in schools: guidance for Scottish schools’ to support them.
https://www.gov.scot/publications/suppor...
Yours sincerely,
[name removed]
[name removed]
I am currently out of the office returning on Tuesday, 10 January 2023.
Emails may be read periodically, but if your query is urgent, please email
[email address].
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