Advancing transgender equality: a plan for action

Advancingtransgender equality:a plan for actionDecember 2011

ContentsMinisterial foreword................................................................5Section 1: Early years, education andsocial mobility..............................................................................6Section 2: A fair and flexible labour market.............8Section 3: Opening up public services andempowering individuals and communities............... 10Health and social care...................................................11Identity and privacy.........................................................12Civil society..........................................................................13Public sector Equality Duty........................................13Section 4: Changing culture and attitudes............... 14Safety and support.......................................................... 15Equal civil marriage......................................................... 15Promoting rights internationally.............................. 16Making it happen.....................................................................17Glossary....................................................................................... 18

4Advancing transgender equality: a plan for action

5Ministerial forewordLast year the Government published its EqualityStrategy ‘Building a Fairer Britain’. The strategyis built on two principles – equal treatment andequal opportunity. Equality is not just the rightthing to do; it is central to our ambitions to builda better society and a modern economy whichgenuinely draws on the talents of all, whereeveryone feels they can play their part.Transgender people, from transsexual to nongendered,want to be able to participate in andmake their contribution to society and the economy.The Government, employers and public serviceshave a role in enabling this to happen and addressingthe barriers that prevent them from doing so.Prejudice and discrimination not only blight people’slives, they also undermine the principles uponwhich this country prides itself. This Government iscommitted to making transgender equality a reality.In March 2011, the Government published ‘Workingfor Lesbian, Gay, Bisexual and Transgender Equality:Moving Forward’, which included Government’scommitments to tear down barriers and advanceequal opportunities for lesbian, gay, bisexual andtransgender people in all areas of society – includingin schools, at work and in healthcare.We are already making progress but we arenot stopping there. From barriers to fullparticipation in civil society to tragic incidentsof hate crime, we recognise that transgenderpeople can face distinct and specific challengesthat sometimes need to be addressed separately.This first ever Government transgender equalityaction plan forms part of our wider work tobuild an equal and fair society. It includes firmcommitments to improve the lives of transgenderpeople and support businesses and publicbodies so they have the right tools to supporttransgender people.This document is the culmination of ouractive engagement with the transgendercommunity, practitioners and the voluntarysector. It lays out our vision and the focus forthe Government’s commitment to delivergreater equality for transgender people. Wedo not underestimate the challenges transgenderpeople face and the actions in this documentare just the first steps towards achieving thisvision. It will take all of us working together tomake this the era where we consign transphobiato the past, and build a strong, modern and fairBritain for all.Rt Hon Theresa May MPHome Secretary and Minister for Women and EqualitiesLynne Featherstone MPMinister for Equalities

6Advancing transgender equality: a plan for actionSection 1:Early years, education and social mobilityChildren’s early years have a profound influenceon their life chances. Whilst the experiences oftransgender 1 pupils are least likely to be reflectedin data and research, 2 we know that over 70 percent of boys and girls who express gender variantbehaviours are subject to bullying in schools. 3Schools should be a safe and supportiveenvironment for children to learn in. Tacklingtransphobic bullying helps to addressunacceptable behaviour and ensure that oursociety becomes more tolerant. This Governmentis committed to tackling transphobic bullying andwe want to support schools to act as leaders andadvocates for change. We have already issuedanti-bullying guidance to support head teachers intackling all forms of bullying, including transphobicbullying. 4 We are also issuing separate statutoryguidance to extend head teachers’ powers torespond to pupils who bully other pupils outsidethe school premises, and are reforming Ofstedschools’ inspections to give all forms of prejudicebasedbullying more prominence.But there is still a long way to go. We haveidentified a range of commitments to help schoolsbecome more inclusive for gender variant childrenand to help provide support and protection totransgender pupils in schools. 51 Throughout this document we have used a range ofterms to describe different groups of people, such astransgender, transsexual and non-gendered. Theseterms are used for the purpose of this document only,to describe those who define themselves in these orother ways. They do not necessarily reflect legal statusand are not intended to be used as definitions for anypurpose outside of this document.2 EHRC (2010) Triennial Review.3 EHRC (2009) Research Report 27:Trans Research Review.4 The latest version of this guidance is available onthe following link: https://www.education.gov.uk/publications/eOrderingDownload/DFE-00062-2011.pdf5 Some polices that are set out in this action plan willapply across the UK or Great Britain, some to Englandand Wales and some to England only, reflecting the factthat the responsibility for some of these areas of policyare devolved and others reserved.

7Detailed action Start date End date LeadSupport schools with updated, clear andconcise guidance 6 on the implementation ofthe public sector Equality Duty, which includesgender reassignment as one of the protectedcharacteristics.Consider, as part of DfE’s internal review ofpersonal, social, health and economic (PSHE)education, the teaching of equality and diversity,including transgender equality. The review willanalyse the material on transgender issuesprovided to them.Work with relevant education and skills sectororganisations and learners to develop a specificproject to raise awareness of the challengestransgender people may face.Update and disseminate guidance for furthereducation and skills providers and learnerson the LSIS online resource on staff’s legalobligations towards transgender people underthe Equality Act 2010 and information totransgender learners.Ensure that National Citizen Service (NCS) for16 year olds is an inclusive and safe environmentfor all participants, including transgender people,by encouraging NCS providers to build equalityissues into their information and training for staff.September2011July 2011March 2012September2012Departmentfor Education(DfE)DfEJanuary 2012 March 2012 Learningand SkillsImprovementService (LSIS)January 2012 March 2012 LSISJanuary 2012 April 2015 Cabinet Office(CO)6 The latest version of this guidance is available on thefollowing link: http://www.education.gov.uk/aboutdfe/policiesandprocedures/equalityanddiversity/a0064570/the-equality-act-2010

8Advancing transgender equality: a plan for actionSection 2:A fair and flexible labour marketEquality of opportunity in employment isfundamental to building a strong economy anda fair society. We know that workplaces that aremore inclusive are also more productive.Despite some progress, transgender peoplecan still face persistent discrimination in theworkplace. Responses to our survey onemployment 7 indicate that:• Nearly half of transgender employeesexperience discrimination or harassment intheir workplaces; 8• 88% of respondents said that ignorance oftransgender issues was the biggest challengethey faced in employment; 9• Transgender people highlight transitioning atwork as one of the most significant triggersfor discrimination. 10lesbian, gay, bisexual and transgender friendlyworkplaces. This will help employers betteruse the potential of their workforce, includingtransgender employees. We are also updatingadvice for employers on recruiting and employingtransgender employees so they have the rightstools to help them to support their workforce.We have made good progress on thesecommitments and these are on course to becompleted in 2012.However, we want to do more to supportemployers and transgender people and haveidentified a number of further commitments.These range from bespoke support and advice tohelp transgender people seeking employment toguidance for employers on pension entitlementfor transgender employees.This Government is committed to endingdiscrimination in the workplace wherever andwhenever it occurs and is already progressing anumber of projects in this area. As we promisedin ‘Working for Lesbian, Gay, Bisexual andTransgender Equality: Moving Forward’, wehave published research on the barriers andopportunities faced by employers in developing7 GEO (2011) Transgender survey #3.414 people responded.8 Transgender survey #3.9 Transgender survey #3.10 EHRC (2010) Triennial Review.

9Detailed action Start date End date LeadProvide prospective employers with updatedguidance and targeted support on employingtransgender people via the Job Centre Plustransgender employer support tool. 11 January 2012 Ongoing Job CentrePlusSupport all transgender job seekers to findemployment by ensuring revised guidance andtraining are available to Job Centre Plus staff onthe specific challenges transgender people mayface in employment.Use new local flexibilities 12 to target preemploymentsupport at individuals with thegreatest needs, including transgender people.Update the Department for Work and Pensions(DWP) website to clarify state pensionentitlement conditions for transgender individualswho do not hold a Gender RecognitionCertificate (GRC).Set up a temporary dedicated team to handlepension claims from those affected by recentjudgments on the implications of people’s genderreassignment for state pension purposes.Improve DirectGov and HMRC guidance foremployers and customers on the implications ofgender reassignment for tax purposes.January 2012 Ongoing Job CentrePlusJanuary 2012 Ongoing Job CentrePlusJanuary 2012November2011January 2012December2012April 2012December2012DWPDWPHer Majesty’sRevenue andCustoms(HMRC)11 The Job Centre Plus transgender employer supporttool is a resource which includes information and advicefor employers on employing transgender employees.Other tools are available to cover issues e.g. flexibleworking.12 This would include, for example, referral to training,using existing funding available.

10Advancing transgender equality: a plan for actionSection 3:Opening up public services and empoweringindividuals and communitiesLike everyone else, transgender people have the rightto expect that their needs are considered and, wherepossible, met by public services. The Equality Act 2010includes a public sector Equality Duty which requirespublic bodies, when exercising their functions, to havedue regard to the need to eliminate discrimination,advance equality of opportunity, and foster goodrelations between people with different protectedcharacteristics. This includes gender reassignment.Responses to our surveys 13 indicate thattransgender people face persistent challenges inaccessing public services:• More than half of respondents said they suffereddiscrimination in accessing public services becauseof their transgender status; 14• More than half of respondents said health wastheir most significant area of concern; 15• Two thirds of respondents said they hadexperienced threats to their privacy (e.g. havingone’s gender identity revealed at work withoutconsent). 16We have already started work on these issues,including supporting public bodies to deliverequality for everyone, including transgenderpeople. As we committed in ‘Working forLesbian, Gay, Bisexual and Transgender Equality:Moving Forward’, we will shortly be publishing an‘Accountability & Transparency Support Package’to help the voluntary, community and socialenterprise sector and the public use the publicsector Equality Duty in holding public bodiesto account. But more needs to be done. Thefollowing commitments aim to address some ofthe concerns highlighted during our discussionswith transgender people.13 Please note that the three online trans surveysconducted by GEO are not census of the transgenderpopulation. These surveys have been carried out to tryto understand the main areas of concern for transgenderpeople, and therefore results should not be used toderive population estimates or other demographicinformation related to the transgender community.14 GEO (2011) Transgender survey #1.1275 people responded.15 Transgender survey #1. 16 Transgender survey #3.

11Health and social careDetailed action Start date End date LeadThrough the NHS Equality Delivery System,support NHS commissioners and providers’compliance with the public sector Equality Dutyand ensure that decisions are fair, transparent,accountable, evidence-based and consider theneeds and rights of staff and patients across allthe protected characteristics, including genderreassignment.Commission and publish a clear and conciseguide for health practitioners, including GPsand Primary Care Trusts, and the transgendercommunity on care pathways and availabletreatments. This includes information on thehealth of transgender young people and generalhealthcare issues post transition.Update the NHS Choices website and addinformation on transgender health, includingsexual health and links to other useful websites.Lead a dialogue between the transgendercommunity, including non-gendered people, themedical profession and NHS commissioners, toshare best practice and review how this groupcan shape health policy.Take active measures to ensure that the views oftransgender users shape the Government's Careand Support White Paper and create a caremarket that is more responsive to diverse needs.As part of the Government’s wider work onreducing waiting times in accessing mental healthservices, review the issue of delays experiencedby patients undergoing gender dysphoriatreatment.As part of the Government’s wider work todevelop a new NHS Commissioning System,ensure greater consistency in commissioninggender identity services, increased patient choiceand more cost effective treatment plans forgender dysphoria.July 2011 February 2012 Departmentof Health(DH)January 2012 April 2013 DHDecember2011December2012DHJuly 2011 Ongoing DHSeptember2011December2011November2011December2012December2012April 2013DHDHDH

12Advancing transgender equality: a plan for actionHealth and social care (continued)Detailed action Start date End date LeadAs part of the Government’s wider work ondeveloping a new national suicide preventionstrategy, consider whether the transgendercommunity would benefit from specificinterventions.Ensure that public health programmes consultwidely with transgender people and whereappropriate, include consideration oftransgender health.March 2011 March 2012 DHDecember2011OngoingDHIdentity and privacyDetailed action Start date End date LeadReview how gender identification is representedin passport application forms and passports.Deliver a framework for evaluating the EqualityAct, including the implementation of theexceptions on gender reassignment.Include in employment and services guidanceinformation on the appropriate application of theGender Recognition Act 2004 and use of gendermarkers to help protect transgender employees’privacy.Update information on the GEO and theInformation Commissioner’s Office’s (ICO)websites for the transgender community onpreserving transgender people’s privacy inemployment and services under the DataProtection Act 1988, the Human Rights Act1998 and the Gender Recognition Act 2004.Publish a package of information for transgenderpeople, outlining where legislation and policy canprovide them with support to tackle the issuesthey may face.January 2012 February 2013 Identity andPassportService (IPS)October 2010 October 2015 GovernmentEqualitiesOffice (GEO)March 2012 March 2013 GEOJanuary 2012December2012GEOICOJanuary 2012 March 2013 GEO

13Civil societyDetailed action Start date End date LeadRun a workshop for the transgender communitywith Parliamentary Outreach to increasetransgender people’s understanding of howParliament and central Government work andthe best way to engage with them.Signpost, via digital media, relevant opportunitiesto young transgender people on participating ingovernment funded programmes and make surethat those providing these programmes makethem open to everyone.As part of wider work on encouraging peopleto participate in public and political life, promoterelevant opportunities to transgender peopleso, if they wish, they can act as role models forothers to participate.Promote, via government information portals,relevant funding streams to the transgendercommunity to ensure they are aware of fundingavailable to participate in the localism agenda.Signpost, on relevant digital media, opportunitiesfor transgender women to engage with work onstrengthening women’s voices in Government.January 2012December2011November2011December2011December2012December2012December2012OngoingGEOGEOCOGEOGEOCOJune 2011 Ongoing GEOPublic sector Equality DutyDetailed action Start date End date LeadRun a workshop for the transgender communityto increase their understanding of the publicsector Equality Duty and how they can holdpublic bodies to account.January 2012 January 2013 GEO

14Advancing transgender equality: a plan for actionSection 4:Changing culture and attitudesAttitudes are changing and today we are a morediverse and fairer society. However, too manytransgender people face discrimination or evenviolence because of who they are:• Between 2009 and 2010, there has been a 14%increase in transgender related hate crime –going up from 312 incidents to 357 incidents; 17• In only two EU member states, gender identityor transphobic hate crime are explicitlyaddressed in hate crime legislation. 18While the level of hate crimes recorded by thepolice may reflect the confidence that victimshave in reporting to the police, and the measureswe are taking to improve confidence andreporting, victims groups tell us that this is stillgreatly under-reported. We need to do more totackle prejudice and violence against transgenderpeople. Good progress has been made to addressthese issues. Key achievements include:• A module on issues surrounding asylum claimsbrought on the grounds of the applicant’sgender identity has now been included in allfoundation and consolidation training to asylumdecision makers;• 30 sports bodies and over 2000 individualshave already signed up to our Charter againsthomophobia and transphobia in sport;• The UK played an active role in the adoptionof the UN Human Rights Council historicresolution expressing grave concern aboutacts of violence and discrimination againstindividuals because of their sexual orientationand gender identity.But we need to do much more to maketransgender equality a reality. The following actionsaim to deliver further progress on this agenda.• From April this year, police forces have beenrequired to collect data on transphobic hatecrime which will be published next year asofficial statistics;17 Association of Chief Police Officers (ACPO) figures,released on 8 September 2011.18 European Union Agency for Fundamental Rights (2010)‘Homophobia, Transphobia and Discrimination onGrounds of Sexual Orientation and Gender Identity:2010 Update – Comparative Legal Analysis’.

15Safety and supportDetailed action Start date End date LeadLegislationIntroduce an amendment to the Legal Aid,Sentencing and Punishment of Offenders Billto amend section 146 and Schedule 21 of theCriminal Justice Act 2003. This will providefor sentences to be aggravated for any offencemotivated by hostility towards the victim onthe grounds of being transgender, and for a30 year starting point for murders motivatedby hostility towards the victim on the groundsof being transgender.Develop and publish a new cross-governmenthate crime action plan, which will includeproposals for addressing transphobic hate crime.HousingWork closely with the Chartered Institute ofHousing to raise awareness of new good practiceguidance 19 with housing providers on the specificaccommodation needs of transgender peopleand the distinct challenges they face, includinganti social behaviour and hate crime.TransportConduct a review with the pan-industryPassenger Transport Executive (PTE) Safetyand Security Group to identify actions to tackletransphobic hate crime on transport.December2011November2011January 2012March 2012MoJHOMoJJanuary 2011 March 2012 DepartmentforCommunitiesand LocalGovernment(DCLG)January 2012 January 2013 Departmentfor Transport(DfT)Equal civil marriageDetailed action Start date End date LeadWork with the transgender community toensure that everyone with an interest has theopportunity contribute to Government's workon equal civil marriage and that their needs areconsidered as part of this work.October 2011 June 2012 GEO19 This guidance can be purchased online: http://www.cih.org/publication/display/vpathDCR/templatedata/cih/publication/data/Delivering_housing_services_to_LGBT_customers

16Advancing transgender equality: a plan for actionPromoting rights internationallyDetailed action Start date End date LeadEurope and worldwideInclude a formal objective on progressing LGB&Tequality in the UK chairmanship of the Council ofEurope and ensure real progress is delivered onthis agenda.Building on the recent adoption of the UNHuman Rights Council resolution in June 2011,play an active role in ensuring constructive,informed and transparent dialogue on the issueof discriminatory laws and practices and acts ofviolence against individuals based on their sexualorientation and gender identity.ImmigrationImprove guidance for immigration caseworkerson handling in-country applications fromtranssexual applicants.Signpost on UKBA intranet asylum caseownersto guidance on gender identity issues in theasylum claim, with a particular focus on types ofpersecution and difficulties that a transgenderapplicant might have experienced.Engage with the transgender communityand other partners to ensure that, wherepossible, up to date information on thesituation of transgender people is accuratelyreflected in Country of Origin Information(COI) Service’s products.November2011May 2012June 2011 Ongoing GEOFCOGEOForeign &CommonwealthOffice(FCO)April 2011 March 2012 UK BorderAgency(UKBA)June 2011 Ongoing UKBAJune 2011 Ongoing UKBA

17Making it happenThe transgender equality action plandemonstrates the cross-Governmentapproach and commitment towards improvingequality for transgender people in all aspectsof their lives. Together with Working forLesbian, Gay, Bisexual and Transgender:Moving Forward, these documents set out theframework for Government to act as a leaderand catalyst for change, taking the first steps toadvance transgender equality, both domesticallyand internationally.Only if we work together will we achieve thefairer, more equal and more prosperous societythat we all want to see.In line with the Government’s commitmentto transparency and accountability, we arecommitted to do two things:• We will work with and support public bodies,businesses, practitioners and the voluntarysector throughout the delivery of thecommitments included in this action plan.• In ‘Working for Lesbian, Gay, Bisexual andTransgender: Moving Forward’ we committedto launching a Call for Evidence (CfE) in2012. This will also include a CfE on theactions which are included in the transgenderequality action plan. This will allow anyonewith an interest in transgender equality tolet Government know their views and insightson the delivery of each section, how theymay be implemented differently, or moreeffectively. We anticipate that the CfE willlast for three months.

18Advancing transgender equality: a plan for actionGlossaryACPOBISCODCLGDfEDHDWPEHRCFCOGEOHMRCHOIPSICOLSISMoJSFAUKBAAssociation of Chief Police OfficersDepartment of Business Innovation and SkillsCabinet OfficeDepartment for Communities and Local GovernmentDepartment for EducationDepartment of HealthDepartment for Work and PensionsEquality and Human Rights CommissionForeign and Commonwealth OfficeGovernment Equalities OfficeHer Majesty’s Revenue and CustomsHome OfficeIdentity and Passport ServiceInformation Commissioner’s OfficeLearning and Skills Improvement ServiceMinistry of JusticeSkills Funding AgencyUK Border Agency

ISBN: 978-1-84987-603-2© Crown copyright 2011You may re-use this information (notincluding logos) free of charge in any formator medium, under the terms of the OpenGovernment Licence.To view this licence, visit www.nationalarchives.gov.uk/doc/open-government-licence/or write to the Information Policy Team,The National Archives, Kew, London TW9 4DU,or e-mail: psi@nationalarchives.gsi.gov.uk.This publication is available for download atwww.homeoffice.gov.uk/equalities/.