Statutory Power to Socially Transition children under 16 within Schools.

[name removed] made this Freedom of Information request to Argyll and Bute 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.

Argyll and Bute Council did not have the information requested.

Dear Argyll and Bute 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]

foi, Argyll and Bute Council

Thank you for your email to Argyll and Bute Council in relation to Freedom
of Information Requests. We will endeavour to respond to your email as
soon as possible.  
Many Thanks
FOI team 

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Administrator,

Dear [name removed]

Request for information: Statutory Power to Socially Transition children
under 16 within Schools

Thank you for your information request which we have logged as reference
argyllbuteir:15094.

It has been passed to the relevant service(s) for attention and you should
receive a response under either the Freedom of Information (Scot) Act 2002
or the Environmental Information (Scotland) Regulations 2004 by 2023-01-06
00:00:00. We hope to respond within this timescale but, due to the
staffing/capacity issues with COVID-19, some requests may take little
longer.

Please quote the reference number above in any correspondence you may have
with the Council in regard to this request.

Regards

FOI Officer

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Dear Administrator,
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]

Sinclair, David, Argyll and Bute Council

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Classification: OFFICIAL

Dear [name removed]

Request for information: Statutory Power to Socially Transition children
under 16 within Schools

Reference: argyllbuteir:15094.

I refer to your request for information which was dealt with in terms of
the Freedom of Information (Scotland) Act 2002 (FOISA).

I have provided the following information in fulfilment of your request:

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?

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

I have been advised that there are no statutory powers and legislation
giving Argyll and Bute Council, including our schools, the legal authority
to socially transition children under 16 per Curriculum for Excellence
(CfE).  CfE is about learning and teaching.  Social transition is a
pupil’s personal choice and right rather than a curriculum-related issue. 

The following Education Scotland Guidance was published in August 21
[1]https://www.gov.scot/publications/suppor...
This guidance was not issued directly to schools and Argyll and Bute
Council did not create any specific guidance in relation to this, however
it is published on the Scottish Government website and therefore freely
available for schools to access.

I have also attached the A&BC Equality and Diversity Policy, which may be
of interest.

If you are dissatisfied with the way in which your request for information
has been dealt with you are entitled to request a review by writing to the
Executive Director Customer Services, Argyll and Bute Council, Kilmory,
Lochgilphead, Argyll PA31 8RT, or by email to [2][Argyll and Bute Council
request email].

Your request for review must state your name and address for
correspondence, specify the request for information to which your request
for review relates and why you are dissatisfied with the response.

You must make your request for review not later than 40 working days after
the expiry of the 20 working day period for response to your initial
request by the Council, or not later than 40 working days after the
receipt by you of the information provided, any fees notice issued or any
notification of refusal or partial refusal.

If you make an application for review and remain dissatisfied with the way
in which the review has been dealt with you are entitled to make an
application to the Scottish Information Commissioner, Kinburn Castle,
Doubledykes Road, St Andrews, Fife KY16 9DS (Tel: 01334 464610) for a
further review. You can now do this online here -
[3]www.itspublicknowledge.info/Appeal.  

You must make representation to the Scottish Information Commissioner no
later than 6 months after the date of receipt by you of the notice or
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period of 20 working days from receipt by the Council of your request for
review.

Yours sincerely

David Sinclair

Compliance and Regulatory Assistant

Legal and Regulatory Services

01546 604352

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Privileged/Confidential Information may be contained in this message. If
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message that do not relate to the official business of Argyll and Bute
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References

Visible links
1. https://www.gov.scot/publications/suppor...
2. mailto:[argyll%20and%20bute%20council%20request%20email]
3. http://www.itspublicknowledge.info/Appeal

[Removed due to possible impersonation] (Account suspended) left an annotation ()

A response from The Scottish Government here:
https://www.whatdotheyknow.com/request/s...

Stipulates there is n statutory Powers or legislation to Socially Transition Children under 16 years old despite the SG guidelines Supporting transgender young people in schools: guidance for Scottish schools:

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

Guidelines are not statutory powers or legislation.