Throughout this form, ‘activity’ is used to refer to many different types of proposals being assessed.
Read the EIA toolkit for more information.
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Trans Inclusion Schools Toolkit |
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Directorate: |
Families, Children and Learning |
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Service: |
Education Standards and Achievement |
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Team: |
Equality and Anti-bullying/ Education Advisers |
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Is this a new or existing activity? |
existing |
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Are there related EIAs that could help inform this EIA? Yes or No (If Yes, please use this to inform this assessment) |
There is an EIA for the current version (V4). |
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Responsible Lead Officer: |
Ashley Seymour-Williams, Senior Adviser, Educational Partnerships |
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Accountable Manager: |
Richard Barker, Head of Education.
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Additional stakeholders collaborating or contributing to this assessment: |
Helen Emerson, Education Adviser BHCC EDI team Other teams within Education Standards and Achievement. |
Briefly describe the purpose of the activity being assessed:
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The purpose of this activity is to produce and publish an updated version of the Trans Inclusion Schools Toolkit (“the Toolkit”) in light of recent national publications and research. The toolkit is currently in its fourth version and has been used in schools in Brighton and Hove (and beyond) since 2013 when the first version was published. Version 5 of the Toolkit was issued for consultation in July 2024. The consultation responses have been considered and a further revised version of the Toolkit will be submitted for approval to the cabinet and subsequently for publication. |
What are the desired outcomes of the activity?
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The Toolkit will continue to be a guidance document used by schools to support trans children and young people across Brighton & Hove, meeting the needs of the key stakeholders whilst sitting within the legal framework of the Equality Act 2010 and other relevant legislation. This Toolkit has been produced to support staff and governors in Brighton and Hove schools to make informed decisions about how to appropriately promote the welfare of students who are gender exploring or meet the definition of being transgender . The Toolkit is not intended to be prescriptive or exhaustive. Headteachers and governing bodies must continue to take decisions that they consider are in the best interests of all students and staff at their school. Schools are encouraged to always seek further professional advice if needed, which could be from Brighton & Hove City Council (TransToolkit@brighton-hove.gov.uk). Use of the Toolkit will contribute to schools’ public sector equality duty. The Toolkit will contribute toward improving holistic educational outcomes for trans children and young people in educational settings across the city. Through the toolkit’s advice, schools will provide appropriate, timely, caring and considered support for trans children and young people and their families. This will improve the equity of opportunity for trans children and young people in our schools. |
Which key groups of people do you think are likely to be affected by the activity?
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The toolkit provides guidance to schools in deciding how to appropriately and inclusively support the education and welfare of trans children and young people. Decisions made by schools when supporting young people have the potential to impact on students and the family/carers of the pupils concerned. |
What consultations or engagement activities have already happened that you can use to inform this assessment?
· For example, relevant stakeholders, groups, people from within the council and externally consulted and engaged on this assessment. If no consultation has been done or it is not enough or in process – state this and describe your plans to address any gaps.
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The toolkit has been in place since 2013 and has had a thorough review and consultation for each version. The current review has been through the following stages: Review and engagement phase: relevant stakeholders, including children and young people, local service providers and services within the council and schools were invited to contribute. This was conducted though surveys, focus groups, interviews and feedback to a set of review questions for teams to consider and respond to. Rewrite phase: A new draft utilised feedback from the engagement phase, whilst also reviewing recent changes in law, statute and research. This draft was shared with the legal team, EDI team and other relevant BHCC teams for feedback. Consultation phase: Open consultation was hosted on the BHCC website ‘Your Voice’ platform. Further focus groups were held with similar groups to the engagement phase. School staff, governors, focus groups with the parent and carers of trans children and young people, focus groups with trans children and young people, focus group with the Youth Council. Emails advertised and encouraged all stakeholders to complete the online consultation. The responses were comprehensively reviewed before formulating the final draft of the Toolkit |
Do you currently collect and analyse the following data to enable monitoring of the impact of this activity? Consider all possible intersections.
(State Yes, No, Not Applicable as appropriate)
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Age |
YES - Safe and Well at School Survey (SAWSS) |
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Disability and inclusive adjustments, coverage under equality act and not |
Yes - sawss |
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Ethnicity, ‘Race’, ethnic heritage (including Gypsy, Roma, Travellers) |
Yes - sawss |
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Religion, Belief, Spirituality, Faith, or Atheism |
Yes - sawss |
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Gender Identity and Sex (including non-binary and Intersex people) |
Yes - sawss |
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Gender Reassignment |
Yes - sawss |
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Sexual Orientation |
Yes - sawss |
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Marriage and Civil Partnership |
Not applicable |
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Pregnant people, Maternity, Paternity, Adoption, Menopause, (In)fertility (across the gender spectrum) |
Not applicable |
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Armed Forces Personnel, their families, and Veterans |
Yes - sawss |
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Expatriates, Migrants, Asylum Seekers, and Refugees |
Yes - sawss |
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Carers |
Yes - sawss |
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Looked after children, Care Leavers, Care and fostering experienced people |
Yes - sawss |
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Domestic and/or Sexual Abuse and Violence Survivors, and people in vulnerable situations (All aspects and intersections) |
No |
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Socio-economic Disadvantage |
Yes |
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Homelessness and associated risk and vulnerability |
No |
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Another relevant group (please specify here and add additional rows as needed) |
Na
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What are the arrangements you and your service have for monitoring, and reviewing the impact of this activity?
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The Toolkit will continue to be the subject of periodic review. There is a specific toolkit email box for question and queries. |
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Does your analysis indicate a disproportionate impact relating to any particular Age group? For example: those under 16, young adults, with other intersections. |
Yes |
If “YES”, what are the positive and negative disproportionate impacts?
Please share relevant insights from data and engagement to show how conclusions about impact have been shaped. Include relevant data sources or references.
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The toolkit is aimed to support school aged children under 18. |
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Does your analysis indicate a disproportionate impact relating to Disability, considering our anticipatory duty? |
Yes |
If “YES”, what are the positive and negative disproportionate impacts?
Please share relevant insights from data and engagement to show how conclusions about impact have been shaped. Include relevant data sources or references.
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Potentially. The Cass review highlights research studies that suggest “…transgender and gender diverse individuals are three to six times more likely to be autistic than cisgender individuals after controlling for age and educational attainment.” Advice is provided within the toolkit to better support children with SEND. |
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Does your analysis indicate a disproportionate impact relating to ethnicity? |
NO |
If “YES”, what are the positive and negative disproportionate impacts?
Please share relevant insights from data and engagement to show how conclusions about impact have been shaped. Include relevant data sources or references.
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Does your analysis indicate a disproportionate impact relating to Religion, Belief, Spirituality, Faith, or Atheism? |
Yes |
If “YES”, what are the positive and negative disproportionate impacts?
Please share relevant insights from data and engagement to show how conclusions about impact have been shaped. Include relevant data sources or references.
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There is the possibility that for religious reasons some people would consider the assertion of any child as being transgender as being a contested belief. Gender reassignment is a protected characteristic under the Equality Act as described in the Toolkit. The toolkit considers how to balance the approach to different groups with protected characteristics, and ensure that pupils and students are not the subject of discrimination . |
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Does your analysis indicate a disproportionate impact relating to Sex? |
YES |
If “YES”, what are the positive and negative disproportionate impacts?
Please share relevant insights from data and engagement to show how conclusions about impact have been shaped. Include relevant data sources or references.
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In the consultation some people expressed a fear that girls might cease to have access to single sex safe spaces. The toolkit considers how to address the needs of different groups with protected characteristics. |
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Does your analysis indicate a disproportionate impact relating to Gender Reassignment? |
YES |
If “YES”, what are the positive and negative disproportionate impacts?
Please share relevant insights from data and engagement to show how conclusions about impact have been shaped. Include relevant data sources or references.
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The Safe and Well and School Survey consistently shows that trans children and young people in our schools feel less safe at school than their cisgender peers. They experience more bullying, feel more sad and don’t feel happy as often. The most recent Joint Strategy Needs Assessment identifies that lesbian, gay, bisexual and/or trans people are at a higher risk of experiencing poor mental health. This includes a higher risk of a range of mental health problems, including depression, suicidal thoughts and self-harm, and alcohol and substance misuse. The Toolkit will give staff a renewed confidence to appropriately support trans children and young people. This toolkit will equip teachers with the knowledge, skills, and resources to effectively support trans children and young people while navigating the complex intersections of identity and educational responsibilities. |
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Does your analysis indicate a disproportionate impact relating to Sexual Orientation? |
NO |
If “YES”, what are the positive and negative disproportionate impacts?
Please share relevant insights from data and engagement to show how conclusions about impact have been shaped. Include relevant data sources or references.
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Does your analysis indicate a disproportionate impact relating to Marriage and Civil Partnership? |
NO |
If “YES”, what are the positive and negative disproportionate impacts?
Please share relevant insights from data and engagement to show how conclusions about impact have been shaped. Include relevant data sources or references.
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Does your analysis indicate a disproportionate impact relating to Pregnant people, Maternity, Paternity, Adoption, Menopause, (In)fertility (across the gender spectrum)? |
NO |
If “YES”, what are the positive and negative disproportionate impacts?
Please share relevant insights from data and engagement to show how conclusions about impact have been shaped. Include relevant data sources or references.
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Does your analysis indicate a disproportionate impact relating to Armed Forces Members and Veterans? |
NO |
If “YES”, what are the positive and negative disproportionate impacts?
Please share relevant insights from data and engagement to show how conclusions about impact have been shaped. Include relevant data sources or references.
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Does your analysis indicate a disproportionate impact relating to Expatriates, Migrants, Asylum seekers, Refugees, those New to the UK, and UK visa or assigned legal status? (Especially considering for age, ethnicity, language, and various intersections) |
NO |
If “YES”, what are the positive and negative disproportionate impacts?
Please share relevant insights from data and engagement to show how conclusions about impact have been shaped. Include relevant data sources or references.
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Does your analysis indicate a disproportionate impact relating to Carers (Especially considering for age, ethnicity, language, and various intersections). |
NO |
If “YES”, what are the positive and negative disproportionate impacts?
Please share relevant insights from data and engagement to show how conclusions about impact have been shaped. Include relevant data sources or references.
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Does your analysis indicate a disproportionate impact relating to Looked after children, Care Leavers, Care and fostering experienced children and adults (Especially considering for age, ethnicity, language, and various intersections). Also consider our Corporate Parenting Responsibility in connection to your activity. |
NO |
If “YES”, what are the positive and negative disproportionate impacts?
Please share relevant insights from data and engagement to show how conclusions about impact have been shaped. Include relevant data sources or references.
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Does your analysis indicate a disproportionate impact relating to people experiencing homelessness, and associated risk and vulnerability? (Especially considering for age, veteran, ethnicity, language, and various intersections) |
NO |
If “YES”, what are the positive and negative disproportionate impacts?
Please share relevant insights from data and engagement to show how conclusions about impact have been shaped. Include relevant data sources or references.
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Does your analysis indicate a disproportionate impact relating to Domestic Abuse and Violence Survivors, and people in vulnerable situations (All aspects and intersections)? |
NO – the Toolkit provides guidance on supporting transgender and gender questioning pupils and students who may be at higher risk of abuse or violence. |
If “YES”, what are the positive and negative disproportionate impacts?
Please share relevant insights from data and engagement to show how conclusions about impact have been shaped. Include relevant data sources or references.
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Does your analysis indicate a disproportionate impact relating to Socio-economic Disadvantage? (Especially considering for age, disability, D/deaf/ blind, ethnicity, expatriate background, and various intersections) |
NO |
If “YES”, what are the positive and negative disproportionate impacts?
Please share relevant insights from data and engagement to show how conclusions about impact have been shaped. Include relevant data sources or references.
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Will your activity have a disproportionate impact relating to Human Rights? |
Yes |
If “YES”, what are the positive and negative disproportionate impacts?
Please share relevant insights from data and engagement to show how conclusions about impact have been shaped. Include relevant data sources or references.
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Engagement activities and feedback from schools using previous versions of the Toolkit suggest there will be a positive impact from the continued use of this guidance, by upholding rights of trans children and young people to access education. Within the Toolkit there is clear guidance on the legal rights and protections for trans children and young people within an educational setting. |
What cumulative or complex impacts might the activity have on people who are members of multiple Minoritised groups?
· For example: people belonging to the Gypsy, Roma, and/or Traveller community who are also disabled, LGBTQIA+, older disabled trans and non-binary people, older Black and Racially Minoritised disabled people of faith, young autistic people.
· Also consider wider disadvantaged and intersecting experiences that create exclusion and systemic barriers:
o People experiencing homelessness
o People on a low income and people living in the most deprived areas
o People facing literacy, numeracy and/or digital barriers
o Lone parents
o People with experience of or living with addiction and/ or a substance use disorder (SUD)
o Sex workers
o Ex-offenders and people with unrelated convictions
o People who have experienced female genital mutilation (FGM)
o People who have experienced human trafficking or modern slavery
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Each trans child or young person will face unique challenges but those with multiple intersections may face more discrimination based on these factors such as being migrants, asylum seekers or refugees, young people of faith or black or racially minoritised young people. The holistic, intersectional approach in the toolkit, addresses not just gender identity, but how it interacts with other aspects of pupils and students' identities and life circumstances. The approach and guidance provided in the Toolkit is flexible enough to support trans children and young people with diverse backgrounds and experiences. The comprehensive approach of the Toolkit allows teachers nuance when understanding and addressing how multiple minoritised identities intersect with trans identity, creating unique challenges and needs. |
What SMART actions will be taken to address the disproportionate and cumulative impacts you have identified?
· Summarise relevant SMART actions from your data insights and disproportionate impacts below for this assessment, listing appropriate activities per action as bullets. (This will help your Business Manager or Fair and Inclusive Action Plan (FIAP) Service representative to add these to the Directorate FIAP, discuss success measures and timelines with you, and monitor this EIA’s progress as part of quarterly and regular internal and external auditing and monitoring)
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· Staff training – increased knowledge, awareness and confidence |
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· Support for school leaders and governors |
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· Continued monitoring of toolkit, national agenda and policy and regular review of the Toolkit |
Which action plans will the identified actions be transferred to?
· For example: Team or Service Plan, Local Implementation Plan, a project plan related to this EIA, FIAP (Fair and Inclusive Action Plan) – mandatory noting of the EIA on the Directorate EIA Tracker to enable monitoring of all equalities related actions identified in this EIA. This is done as part of FIAP performance reporting and auditing. Speak to your Directorate’s Business Improvement Manager (if one exists for your Directorate) or to the Head of Service/ lead who enters actions and performance updates on FIAP and seek support from your Directorate’s EDI Business Partner.
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Toolkit review and monitoring service/ team plan |
What decision have you reached upon completing this Equality Impact Assessment? (Mark ‘X’ for any ONE option below)
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Stop or pause the activity due to unmitigable disproportionate impacts because the evidence shows bias towards one or more groups. |
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Adapt or change the activity to eliminate or mitigate disproportionate impacts and/or bias. |
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Proceed with the activity as currently planned – no disproportionate impacts have been identified, or impacts will be mitigated by specified SMART actions. |
X |
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Proceed with caution – disproportionate impacts have been identified but having considered all available options there are no other or proportionate ways to achieve the aim of the activity (for example, in extreme cases or where positive action is taken). Therefore, you are going to proceed with caution with this policy or practice knowing that it may favour some people less than others, providing justification for this decision. |
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If your decision is to “Proceed with caution”, please provide a reasoning for this:
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Summarise your overall equality impact assessment recommendations to include in any committee papers to help guide and support councillor decision-making:
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A paper for cabinet has been prepared. This paper highlights the process for scoping, the review, the rewrite, the consultation and amendments to the fifth version of the toolkit.
To support the council’s aims in creating a city that is inclusive, accessible and fair – a place where everyone can thrive – committee is asked to approve publication of the latest revised version of the Trans Inclusion Schools Toolkit. This resource supports schools and education settings to develop policies and practice that support some of the most vulnerable children and young people in the city. Trans young people have consistently been identified both locally and nationally as highly vulnerable in terms of health and education outcomes. Brighton & Hove Council have recognised this, and since 2013, has published guidance for schools and education settings to support trans and gender exploring children and young people to access education services successfully. This guidance and advice has been recognised by many other councils, the NHS, schools and education settings both within and outside the city as providing crucial guidance and support for school leaders, teachers and staff working in education settings. There are many stories of young people who have been successfully supported through Brighton & Hove schools making use of the toolkit’s guidance. Trans children and young people remain one of the most vulnerable groups in the city (as seen in the SAWSS). Anecdotal and engagement activity shows that the toolkit is helping the health and wellbeing of children and young people in the city. |
All Equality Impact Assessments will be published. If you are recommending, and choosing not to publish your EIA, please provide a reason:
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N/A |
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Signatory: |
Name and Job Title: |
Date: DD-MMM-YY |
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Responsible Lead Officer: |
Ashley Seymour-Williams |
14 January 2025 – amendments made on 14-Jan-25 |
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Accountable Manager: |
Deb Austin |
14 January 2025 |