Education, Social Work and Health Professionals Urge Scottish Government to Withdraw Harmful Guidance

Administrator
Jul 14
2 min read

Updated: Jul 27

Urgent Call for Action

Education, social work, and health professionals are sounding the alarm. They are calling on the Scottish Government to withdraw what they describe as harmful and unlawful schools and social work guidance. This open letter, sent on July 14, 2025, comes on the heels of the Supreme Court’s significant ruling on April 16, 2025.

ScotPAG, a multi-agency group, represents various professionals. They emphasize that urgent action is needed to retract dangerous guidance related to transgender pupils and services. The specific documents in question are 'Supporting Transgender Pupils in Schools' and 'Guidance for Children and Young People’s Services on the Inclusion of Transgender Including Non-binary Young People.' Instead of waiting for the Equality and Human Rights Commission (EHRC) Guidance, ScotPAG insists immediate adjustments are essential.

Supreme Court Ruling Implications

The letter states:

The Supreme Court’s ruling clarified that the terms ‘sex,’ ‘man,’ and ‘woman’ in the Equality Act 2010 refer to biological sex, not gender identity or certificated sex as modified by a Gender Recognition Certificate (GRC). This decision has profound implications for policies and guidance that rely on definitions of sex or gender that deviate from biological reality.

This clarification has far-reaching consequences for current policies. It reinforces the need to ensure that legal definitions of sex address biological realities.

The EHRC’s Interim Guidance

ScotPAG further notes:

‘The EHRC’s interim guidance, issued in May 2025, further reinforces that public bodies, including schools and care services, must align their policies with this legal definition of sex to comply with the Equality Act 2010. It explicitly states that duty-bearers should not wait for the updated Code of Practice to review and amend their policies to ensure compliance with the law as settled by the Supreme Court.’

This directive is clear: institutions must review their policies without delay. They cannot afford to be complacent.

Recommendations to the Scottish Government

ScotPAG culminates the letter with strong recommendations:

‘Immediately withdraw the transgender guidance for schools and the Care Inspectorate’s transgender guidance for children, as both are unlawful in light of the Supreme Court’s ruling and EHRC advice’ and

‘Issue interim guidance to all schools and care providers in Scotland, clarifying that policies and practices must align with the biological definition of sex as mandated by the Equality Act 2010.’

Safeguarding Responsibilities

The letter emphasizes the Scottish Government’s crucial responsibility in safeguarding all children:

‘The current guidance, by prioritising gender identity over biological sex, risks undermining the privacy, dignity, and safeguarding of children, particularly in single-sex spaces.’

These points underline a pressing issue that cannot go ignored. The implications affect not just the policies but the very fabric of child safeguarding.

Conclusion: A Call to Action

The letter pushes for a re-evaluation of existing guidelines to safeguard children effectively. The time for action is now. The concern isn’t just about adherence to the law; it involves ensuring the best possible welfare for all children.

For more details or comments, you can contact:

Carolyn Brown

ScotPAG Convenor

ScotPAG.com @scotpag

Download the full letter here: