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Supporting Transgender and Gender Variant Children and Young People

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Supporting Transgender and Gender Variant Children and Young People SUPPORTING TRANSGENDER AND GENDER VARIANT CHILDREN AND YOUNG PEOPLE Guidance for Schools This guidance was adapted and developed by: Kaye Hills Education Officer, Clackmannanshire and Stirling Council Joanne Barrie, Community Sexual Health Educator, NHS Forth Valley Designed by: Sharon O’Neil, Publication & Design Services Officer, NHS Forth Valley Our thanks to those who kindly allowed access to their existing Guidance and Policy: • LGBT Youth Scotland and the City of Edinburgh Council (Supporting Transgender, Lesbian, Gay and Bisexual Young People in our Services A Guide to accompany the Policy and Procedures to Prevent and Respond to Bullying and Prejudice 2013) http://www.evoc.org.uk/wordpress/wp-content/media/2016/03/2015-Supporting- TLGB-V2.pdf • The Highland Council (Working with Gender Variant and Transgender Pupils: Guidance for school staff and other professionals 2014) http://www.highland.gov.uk/download/downloads/id/15434/gender_variance_ guidelines.pdf • The Intercom Trust on behalf of The Cornwall Transgender Guidance for Schools Partnership (Schools Transgender Guidance 2015) https://www.cornwall.gov.uk/media/13620644/schools-transgender_guidance_ booklet-2015.pdf Introduction The purpose of this guidance is to support all children and young people who are gender variant or transgender. It provides information to support the implementation of the Children and Young People (Scotland) Act 2014 Part 5 (CYP), which continues to promote the rights of the child as outlined in United Nations Convention on the Rights of the Child. While GIRFEC provides the overarching principles and practice model for Children’s Services, this guidance should be used as a vehicle to support the learning, wellbeing and development of gender variant and transgender children and young people. Rationale This guidance aims to raise awareness of some of the issues and concerns that young people may be facing and how they themselves would like to be supported. The information included has been gathered from a number of sources: • current literature on gender variance • relevant equality policy and legislation • good practice from other areas within the UK • information from schools, families and young people. Advice and signposting within the document aims to ensure that education staff and others can support, inform, protect and enable children and young people who are questioning their gender identity to achieve their full potential, whatever age and stage they are at. It is important to recognise that Gender Identity and Gender Variance (being male or female) as discussed here is completely separate to sexual orientation (being heterosexual, bisexual, gay or lesbian). 1 A recent survey (2016) of young people across Forth Valley who are LGBTI and gender variant highlighted the following themes: Don’t let your Equity and Silence is a personal values respect. bad thing - get in the way of speak to us. helping us. Consultation - Don’t be a not everyone bystander. wants the same. While this guidance can offer general advice, it is clear that each individual must have the opportunity to express their own views and opinions and be included in any decisions made. 2 Gender Identity Gender identity refers to a person’s internal sense of whether they are male, female, both or neither. This can be different from the biological sex assigned to a child at birth. Gender identity is internal. Society only acknowledges two biological sexes and two gender categories: male or female. With each of these categories there are expectations and rules. These rules dictate standards for many things such as clothing, activities and behaviours and are not fixed laws but vary across societies and times. For example in some cultures handholding between men is the norm but is unacceptable in others. We or others cannot influence a child or young person’s gender identity but we can influence how a child or young person feels about themselves in relation to their gender identity. There is a rich diversity of vocabulary that is used to describe Gender Identity and associated terms. There is a Glossary of Terms in Appendix 1 which provides knowledge of the correct terminology. It should be remembered, however, that each person will define themselves differently. For the purpose of this guidance we refer to young people who may be questioning their gender identity as Gender Variant. Gender Variance Gender Variance refers to practices or behaviours which may be deemed to fall out with the designated and contingent norms/expectations for a child or young person’s biological sex. Often this is indicated through the child or young person’s choices in terms of their play, their clothing and their peers. At times this can be indicated by a child or young person stating and restating that they wish to be another sex. It is important to recognise that many children will try out gender non-conforming behaviours or interests out of curiosity but often this will be brief and passing. 3 Gender Fluidity Gender Fluidity refers to a wider, more flexible range of gender expression which may change over time and sometimes as frequently as on a daily basis depending of the individual child or young person. One day they may express a strong wish to be considered as the opposite sex and another day they may be more fluid about this. This is more common in younger children. Transgender A Transgender person may feel non-identification with the gender assigned to them at birth, and express a wish to be a different gender. A Female to Male (FtoM) person will have been assigned a female sex at birth yet identifies their gender as male; a Male to Female (MtoF) person will have been assigned as male at birth yet identify their gender as female. Gender Dysphoria/Gender Identity Disorder Children and young people expressing Gender Variance are sometimes considered to have a condition called Gender Dysphoria or Gender Identity Disorder. These are clinical conditions that can present from as early as age two and can only be diagnosed by a medical and/or psychiatric expert. A person diagnosed with Gender Dysphoria may require treatment (e.g. hormone blockers) to suppress the symptoms of puberty. *A person expressing Gender Variance can live their life without needing to be diagnosed as having Gender Dysphoria. Help and Support for Children and Young People Regarding Gender Identity Not all children and young people expressing Gender Variance wish to undergo all or any aspects of transitioning. Some may want hormone treatment. Others may choose to be known by a gender neutral name or to wear different clothes. However, most or all young people (and their families) will need some support or information as they grow up and develop. The most important help and support schools can offer is to listen to the wants and needs of each individual person. 4 Help and Support from Other Organisations and Professionals A child/young person expressing gender variance, under the age 18, may be referred to a specialist Child and Adolescent Gender Identity Clinic. Most treatments offered to children and young people at the Gender Identity Clinic are psychological, rather than medical or surgical. This is because the majority of children with suspected Gender Dysphoria will not have the condition once they reach puberty. Psychological support offers young people and their families a chance to discuss their thoughts and receive support to help them cope with the emotional aspects of the condition. This is a very thorough process, designed to allow time and space for children and young people to make informed choices before looking at clinical or medical treatments. Organisations such as LGBT Youth Scotland and Scottish Transgender Alliance can be contacted by young people, adults, parents, carers and professionals for advice. 5 Legal and Policy Context Equality As professionals working with children and young people, we have a duty to promote and uphold equality. The Equality Act (2010) states that discrimination on the grounds of gender reassignment and/or sexual orientation in schools is prohibited and lays down positive duties to protect pupils and staff. In order to be protected by the Act, a person does not have to be under medical supervision or be undergoing gender reassignment but they simply have to be taking steps to live in the opposite gender or be proposing to do so. In addition to this, promotion of equality is one of five national priorities for school education in Scotland. The Equality Act (2010) clearly states that a school must not discriminate against a pupil because of their Gender Variant status. This refers to both direct and indirect discrimination. Indirect discrimination may occur when a provision, criterion or practice applies to everyone but puts a Gender Variant person at a particular disadvantage and it cannot be justified as a proportionate means of meeting a legitimate aim. Each Authority, through it’s Positive Behaviour/Anti-Bullying Policy must record incidents where there has been an intent to bully or harass on the grounds of gender or transgender status. A formal record of incidents and actions and completion of a prejudice-based incident monitoring form is part of the broader process of promoting equality (see sections on Transphobia and Bullying). The Equality Act (2010) goes on to highlight that schools are free to take special steps to meet the needs of Gender Variant pupils without being accused of discriminating against pupils who are not Gender Variant. The school’s Equality and Diversity Policy should include information to support Gender Variant pupils. The policy should make staff aware that it is their duty to uphold the rights of Gender Variant children and young people. Having this communicated with all staff can be very reassuring. 6 Support for Staff in School Values, Attitudes and Morality Across Forth Valley, a number of young people in our schools have had the courage to seek help from school staff with regards to their gender identity.
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