Gender identification

Summary

The request sought all communications between the Department of Education, Sport and Culture and external organizations regarding gender identification. The authority released several documents including questionnaires and emails from Edge Hill University and the Rainbow Flag Award, but redacted personal details under an absolute exemption.

Key Facts

• The request was received on 2022-07-06 and the outcome was issued on 2022-08-03.
• Six appendices were provided, including communications from Edge Hill University and The Proud Trust (Rainbow Flag Award).
• One appendix contained a questionnaire question for Year 10 students asking 'How do you identify?'.
• Personal information such as names and email addresses was redacted from the released documents.
• The response included a warning to schools to quality check resources regarding trans identities.

Data Disclosed

• 2022-07-06
• 2022-08-03
• 15 October 2021
• 10 November 2020
• Year 10
• 1980's
• Section 28
• Charity number: 1161102
• case_id: 2524909
• 11 pages
• 4 documents

Exemptions Cited

• Section 25 2(b)(i)&(ii) (Absolutely exempt personal information)

Original Request

A copy of all records of communication between the department and external organisations (charities and non-profit organisations, but also businesses) regarding gender identification.

Data Tables (2)

Full Response Text

1 From:

Sent: 15 October 2021 13:19 To: Primary Headteachers Cc:

Subject: FW: Faculty of Education FREE CPD Hub Hi

We have received the following extensive CPD offer from Edge Hill University, they are offering free access to all partnership schools.

There are some really exciting opportunities available and it might provide a different way of accessing online CPD according to need and priority.

If you have any questions please drop me a mail.

Have a great weekend when it arrives!

Best wishes

Faculty of Education Edge Hill University

Core contact times - Monday and Tuesday Edge Hill University Teaching Excellence Framework Gold Award This message is private and confidential. If you have received this message in error, please notify the sender and remove it from your system. Any views or opinions presented are solely those of the author and do not necessarily represent those of Edge Hill or associated companies. Edge Hill University may monitor email traffic data and also the content of email for the purposes of security and business communications during staff absence.

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1 From: Rainbow Flag Award

Sent: 10 November 2020 13:47 Subject: Trans Positive Education Dear Rainbow Flag Award Schools

We hope that you are doing well in light of all that is happening in the world right now. We know that many of you are making great strides towards gaining your award and we look forward to reviewing your next lot of evidence.

Some of you will be old enough to remember the 1980's and the introduction of Section 28, the homophobic law that prevented schools talking - at all, let alone positively - about the existence of same-gender attraction and relationships. This law, and the vitriolic press that sat along side it, did not mean that people suddenly weren't lesbian, gay or bisexual anymore. But what it did cause is no end of loneliness, fear and mental health issues in the generations living it.

Those of you who have already delivered positive education on lesbian, gay and bisexual identities will have seen that the results are a sense of kindness, acceptance, (of self and others), and a will for equality and fairness, from and across all students and colleagues.

The vitriolic press now targeting our trans friends, family members, students and colleagues, is somewhat reminiscent of times gone by. So too is the fear mongering from various sectors of society, some of whom have taken the time to produce some starkly transphobic guidance and resources for schools. You may have been in receipt of some of these recently.

The Rainbow Flag Award seeks to encourage you to deliver positive education also on trans identities, that too will result in a sense of kindness, acceptance, (of self and others), and a will for equality and fairness, from and across all students.

Please remember to quality check any resources you use on your way to gaining a Rainbow Flag Award. Recommended resources can be found here:

https://www.rainbowflagaward.co.uk/recommended-resources/

If you have any doubt at all about the suitability of a resource you would like to use, please run it past us, we'd be delighted to help out.

With all our best wishes

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The Rainbow Flag Award (delivered by The Proud Trust)

HQ: 49 - 51 Sidney St, Manchester, M1 7HB theproudtrust.org | Charity number: 1161102

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Policy, Strategy and Governance Division Department of Education, Sport and Culture Thie Slieau Whallian Foxdale Road St Johns IM4 3AS Telephone: (01624) 685808 Website: www.gov.im/dec Email: dec@foi.gov.im Our ref: 2524909 3 August 2022

Dear ###

We write further to your request which was received on 6 July 2022 and which states:

"A copy of all records of communication between the department and external organisations (charities and non-profit organisations, but also businesses) regarding gender identification."

Our response to your request is as follows: I have enclosed copies of the below information.

Appendix 1 – Questionnaire to schools. Some of the questions are out of scope. Appendix 2 – Communication from Edge Hill University offering a course on “Representing gender and sexuality in RE”. The other courses on offer are out of scope Appendix 3 – Questionnaire question to Year 10’s asking “How do you identify?” Appendix 4 – Email to Rainbow Flag Award Schools – New Resources. Appendix 5 – Communication with the Rainbow Flag in regards to support teaching gender identity. Some information is redacted due to Section 25 2(b)(i)&(ii). Appendix 6 – Email from Rainbow Flag Award Schools. s25 2(b)(i)&(ii) While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because it is absolutely exempt under section 25 of the Act (absolutely exempt personal information). In particular this relates to email addresses and names of individuals between whom communications have occurred. The reasons why that exemption applies are that: • The Department of Education Sport and Culture is satisfied that the information amounts to personal data of which you are not the data subject; and • The Department of Education Sport and Culture is satisfied that disclosure of the information would contravene one of the data protection principles as set out at Article 5 of the General Data Protection Regulation as it applies in the Isle of Man pursuant to the Data Protection (Application of GDPR) Order 2018,

namely that the Department of Education Sport and Culture can only disclose the information where it would be fair, lawful and meet one of the conditions for lawful processing in Article 6 and in this case, none of those conditions have been met.

Personal details of individuals have been redacted.

s27 1(a) While our aim is to provide information whenever possible, in this instance some of the information is absolutely exempt from disclosure on the basis that disclosure is prohibited under The Copyright Act 1991 as amended. The Department does not own copyright on some of the materials. It may however be available by directly contacting the organisations and by paying a fee to access. These organisations are Schools - The Proud Trust, https://www.rainbowflagaward.co.uk/ and www.hannahgrove.im .

Please quote the reference number 2524909 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me.

Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.