Transgender guidelines (FOI)

​​​Request

A

Please provide a list of all Government of Jersey issued guidance and guideline documents that reference transgender ("trans", "trans*", "transgender", "transgenderism") or that relate to transgenderism.

B

Please provide a copy of each of these documents.

C

For each guidance or guidelines in the list, please specify whether it is statutory or non-statutory.

Response

Customer and Local Services 

A

Guidance from Customer and Local Services Governance Team is made available to Customer and Local Services Staff.

B

Please see Attachment 1. Personal information has been redacted in accordance with the Article 25 of the Freedom of Information (Jersey) Law 2011. 

1 Customer and Local Services.pdf​

C

The guidance is based on the Gender Recognition (Jersey) Law 2010. Please see the link below. 

Gender Recognition (Jersey) Law 2010 (jerseylaw.gov.je)​

States of Jersey Police 

A to C

Please see Attachment 2 which contains the following documentation: 

• Trans Guidance for the policing sector: an overview
• Trans Guidance for the policing sector: glossary of terms
• Trans Guidance for the policing sector: guidance for the manager
• Trans Guidance for the policing sector: guidance for the individual

2 States of Jersey Police.pdf

In addition, information is contained in the Police and Criminal Evidence Act 1984 (PACE) Code C Annex L (Page 89). Please see the link below: 

Pace Code C (Revised) (publishing.service.gov.uk)​

Although the Police and Criminal Evidence Act is not applicable in Jersey, States of Jersey Police would follow Annex L as good practice.

Each is non-statutory.

Children, Young People, Education and Skills (CYPES)

A to C

CYPES have provided schools with published guidance. Please see the following link: 

Transgender Guidance for Schools.pdf (gov.je)

This Guidance is currently being reviewed by the Department. 

Justice and Home Affairs 

A to C 

Please see Attachment 3 – Guidance Notes regarding Transgender Prisoners. This is non-statutory. 

3 Justice and Home Affairs.pdf

Health and Community Services 

A and C

Please see Attachment 4 for current HCS Policy for Supporting Transgender Persons. Redactions have been applied in line with Article 25 of the Freedom of Information (Jersey) Law 2011 to protect the personal information of individuals involved in the consultation process, including Government of Jersey employees in roles below Tier 1 and 2.

4 Health and Community Services.pdf

The policy is currently under review. It is anticipated that the updated version of the policy will be ratified in Quarter 2 of 2024.

Article applied 

Article 25 - Personal information

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2005.

(2) Information is absolutely exempt information if –

(a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2005; and

(b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.​​