Supporting gender reassignment recognition for pupils.

[name removed] made this Freedom of Information request to North Ayrshire 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 partially successful.

Dear North Ayrshire 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]

North Ayrshire Council

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North Ayrshire Council

Dear [name removed]

Thank you for your correspondence which was received by North Ayrshire
Council, requesting information.

North Ayrshire Council acknowledges receipt of your request and will
respond to you within 20 working days as required by the Freedom of
Information (Scotland) Act 2002 (please note day 1 of your request is the
first working day after receipt of your request). We will contact you if
we require any further information or clarification from you.

If your request is regarding information which is considered environmental
information the Environmental Information (Scotland) Regulations 2004
(EISR) will also apply. Both EISR and FOISA provide similar rights to
access information and place requirements on the Council to consider
requests and to provide information.

The Council will now consider your request and identify any relevant
records held. Please note, should your request relate to environmental
information in terms of Section 7 of the Regulations (complex or
voluminous requests), the Council may extend the timescale to 40 working
days. We will write to you as soon as possible after receipt of your
request to advise if this is the case.

The information supplied in your request will only be accessed by North
Ayrshire Council staff and will be retained for the purposes of processing
your request for information and related purposes and for statistical and
audit purposes. The information will be held by North Ayrshire Council in
accordance with the provisions of the Data Protection Act 2018.

Yours sincerely

FOI Co-ordinator

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North Ayrshire Council

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Dear [name removed]

Thank you for your request for information dated 8 November 2022.

We have now completed our research for the information and the responses
to your questions are contained in the attached document.

Your right to seek a review.

Should you be dissatisfied with the way in which North Ayrshire Council
has dealt with your request you have the right to ask us to review it.

You should explain why you wish a review to be carried out and should be
made within 40 working days of receipt of this response. We will then
reply within 20 working days of receipt and employees not involved in your
original request will undertake the review. If you are not satisfied with
the result of the review you then have the right to make a formal
complaint to the Scottish Information Commissioner at
http://www.itspublicknowledge.info/Appeal

Any request for a review should be made in writing in the first instance
to:

FOI /EIR Manager
Cunninghame House
Irvine
Ayrshire
KA12 8EE

Email : [email address]

The supply of documents under the terms of the Freedom of Information
(Scotland) Act 2002 does not give the applicant or whoever receives the
information any right to re-use it in such a way that might infringe the
Copyright, Designs and Patents Act 1988. This includes making multiple
copies, publishing or otherwise distributing the information to other
individuals and the public.

While efforts have been made to ensure the accuracy of this information,
its accuracy is not warranted. In particular, the Council accepts no
liability for onward sale or transfer of this information to any third
party and for any reliance placed on such information by you or by a third
party.

Yours sincerely

Judith McGibney
Freedom of Information Co-ordinator

══════════════════════════════════════════════════════════════════════════

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Dear North Ayrshire Council,

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

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

I find this response disingenuous as your Education Department must follow the following guidelines from Scottish Government: https://www.gov.scot/publications/suppor...

Please now revisit my request and respond in line with the SG guidelines.

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]

North Ayrshire Council

Thank you for your e-mail.

This is an automated response to indicate that your message has been
received, but may not yet have been read or acted upon. We will aim to
provide a response to your enquiry within 20 working days.

If you have a service request it is faster and more convenient for you to
visit our [1]website and submit your request there.  If you register for
an account you can then track your request, if you prefer not to register
you can continue without an account. 

If you have an urgent enquiry please call 01294 310000 

NAC Customer Services

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Dear North Ayrshire Council,

https://www.gov.scot/binaries/content/do...

Yours faithfully,

[name removed]

North Ayrshire Council

Thank you for your e-mail.

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you can continue without an account. 

If you have an urgent enquiry please call 01294 310000 

NAC Customer Services

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FreedomOfInformation (shared mailbox), North Ayrshire Council

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Good Afternoon

Please see attached acknowledgement correspondence in response to your
recent Review Request.

Kind Regards

Jennifer

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Dear FreedomOfInformation (shared mailbox),

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

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

Yours sincerely,

[name removed]

Dear FreedomOfInformation (shared mailbox),

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 sincerely,

[name removed]

FOISA Management (Shared Mailbox), North Ayrshire Council

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PUBLIC INFORMATION

Dear [name removed]

Regarding your request for a review of information you received from the
Council recently in terms of Freedom of Information legislation, the
review has concluded and is attached for your consideration. 

Yours sincerely

Information Governance

North Ayrshire Council

══════════════════════════════════════════════════════════════════════════

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PUBLIC INFORMATION

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Dear FOISA Management (Shared Mailbox),

Thank you for upholding my internal review, can you now provide the information requested.

Yours sincerely,
[name removed]
[name removed]

FOISA Management (Shared Mailbox), North Ayrshire Council

Good afternoon [name removed] and thank you for your email.

As noted in the Review Decision, a cost calculation should have been undertaken by the Education Service when your information request was originally received to determine how much it would cost the service to search for the information requested. Had this been done it would have been identified that it would cost more than £600 to undertake the searches and as this breaches the threshold the service would have refused to action the request under the Section 12 'excessive cost of compliance' exemption at the time. This is one of the reasons why your request for review was upheld and an apology offered for any confusion or inconvenience caused.

We trust that this clarifies matters.

Yours sincerely

North Ayrshire Council

show quoted sections

Dear North Ayrshire Council,

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

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

You might want to revisit your cost exemption:

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
https://www.scotphn.net/wp-content/uploa...

To mitigate the application of any spurious exemption please see a successful disclosure supplied by Dundee Council at:
https://www.whatdotheyknow.com/request/d...

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]

North Ayrshire Council

Thank you for your e-mail.

This is an automated response to indicate that your message has been
received, but may not yet have been read or acted upon. We will aim to
provide a response to your enquiry within 20 working days.

If you have a service request it is faster and more convenient for you to
visit our [1]website and submit your request there.  If you register for
an account you can then track your request, if you prefer not to register
you can continue without an account. 

If you have an urgent enquiry please call 01294 310000 

NAC Customer Services

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acting, on such information prior to the receipt by those persons of
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Louise Black ( Directorate Support Officer / Direct Supp-Communities ), North Ayrshire Council

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Dear [name removed]

North Ayrshire Council does not have a pre-existing arrangement to collect
gender reassignment information centrally from schools and therefore will
incur costs which extend beyond the £600 threshold to obtain this
information.  We therefore apply the Section 12 exemption.

The statistics publication
[1]https://www.gov.scot/publications/summar...
does indeed list the number of pupils in Scotland.

If the applicant remains unhappy with the response then they should
approach the Scottish Information Commissioner.

Kind regards

Louise

Louise Black

Directorate Support Officer to Caroline Amos, Head of Service (Education)
and Andrew McClelland, Head of Service (Education)

Communities and Education Directorate

Cunninghame House, Irvine KA12 8EE

Tel:  01294 324443

[2][email address]

  

  FFA   

From: [3][FOI #914630 email]
Sent: 09/December/2022 11:31 (GMT)
Subject: Internal review of Freedom of Information request - Supporting
gender reassignment recognition for pupils.

________________________________

*** This email is from an EXTERNAL source. Please be cautious and evaluate before you click on links, open attachments, or provide credentials. ***

________________________________

Dear North Ayrshire Council,

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

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

You might want to revisit your cost exemption:

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, [4]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.

[5]https://www.gov.scot/publications/summar...

Scottish Public Health Network

[6]https://www.scotphn.net/wp-content/uploa...

To mitigate the application of any spurious exemption please see a successful disclosure supplied by Dundee Council at:

[7]https://www.whatdotheyknow.com/request/d...

A full history of my FOI request and all correspondence is available on the Internet at this address: [8]https://www.whatdotheyknow.com/request/s...

Yours faithfully,

[name removed]

[name removed]

══════════════════════════════════════════════════════════════════════════

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[9]North Ayrshire Council Website

References

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2. mailto:[email%20address]
3. mailto:[foi%20#914630%20email]
4. https://www.gov.scot/publications/suppor...
5. https://www.gov.scot/publications/summar...
6. https://www.scotphn.net/wp-content/uploa...
7. https://www.whatdotheyknow.com/request/d...
8. https://www.whatdotheyknow.com/request/s...
9. http://www.north-ayrshire.gov.uk/

Dear Louise Black ( Directorate Support Officer / Direct Supp-Communities ),
Gender Internal Review

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
https://www.scotphn.net/wp-content/uploa...

To mitigate the application of any spurious exemption please see a successful disclosure supplied by Inverclyde Council at:
https://www.whatdotheyknow.com/request/s...

Dundee Council

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

If other councils can provide this information without applying a cost exemption, please supply the evidence that you are unable to.

Yours sincerely,
[name removed]
[name removed]

Louise Black ( Directorate Support Officer / Direct Supp-Communities ), North Ayrshire Council

Dear [name removed]
Thank you for your email.

However, North Ayrshire Council has completed its review and you must now refer to the Scottish Information Commissioner if you remain dissatisfied, the contact details of which were contained in the Review Decision Notice.

Kind regards
Louise

Louise Black
Directorate Support Officer to Caroline Amos, Head of Service (Education) and Andrew McClelland, Head of Service (Education)

Communities and Education Directorate
Cunninghame House, Irvine KA12 8EE
Tel: 01294 324443
[email address]

show quoted sections