Guidelines relating to transgender considerations (2) (FOI)

​​​​​Request

With regards transgender guidances issued by the government:

For each of the guidances referenced below, please can you provide the following information:

1. What date was the guidance first published

2. When was the last time a revised guidance was issued

3. If the current guidance is currently under review, please provide the following details:

a) When did the review begin

b) What is the review and approvals process

c) When is the new guidance scheduled to be issued

Guidances:

1) Transgender Guidance for Schools

2) Transgender Guidance for Police

3) Transgender Guidance for the La Moye prison

4) Transgender Guidance for Customer and Local Services

5) Policy for supporting Transgender People in Health and Social Services

6) Sports Jersey Transgender Users Guidance 

7) Any other guidance issued by the States of Jersey which refers to transgender

Response

Transgender Guidance for Schools

1

The Children, Young People, Education and Skills (CYPES) Transgender Guidance for Schools was first issued in November 2016. 

2

The last revised guidance was issued in August 2021. 

3

a) A review of the CYPES Transgender Guidance for Schools began in November 2023. 

b) A working group was formed across key stake holders. 

All key stakeholders were consulted, including those who were not part of the working group. Extensive research based around Health/The Cass report, Department for Education and other UK local authorities that have a robust transgender guidance. 

Reviewed by CYPES Education Senior Leadership Team, followed by Ministerial approval.  

c) The revised CYPES Transgender Guidance for Schools is due to be reissued at the end of January 2025.  

Transgender Guidance for Police 

In a Freedom of Information response in January 2024 which can be accessed at FOI ​the States of Jersey Police provided links to two external documents: 

Stonewall’s Trans Guidance for the Policing Sector

and Annex L of the UK Code C revised Code of Practice for the detention, treatment and questioning of persons by Police Officers; Code C.

As both documents are external and are not Government of Jersey issued guidance, no information is held. Therefore Article 3 of the Freedom of Information (Jersey) Law 2015 applies.  

The data requested is already publicly available within these two documents. The requirement to re-publish these details is exempt. Therefore Article 23 of the Freedom of Information (Jersey) 2011 has been applied. 

Transgender Guidance for the La Moye Prison

1 and 2

December 2023. 

3

a) The policy is not currently under formal review.

  b) We use the “Quality Improvement Group,” an internal multidisciplinary team to review the policy that has been produced. This group review / approve / make recommendations to the policy. 

c) We are awaiting the necessary changes to law to come into effect. Once this is done the document will be scheduled to be reviewed. 

Transgender Guidance for Customer and Local Services (now known as Employment, Social Security and Housing)

1

The guidance was first published in October 2024.

2

The last time a revised guidance was issues was in October 2024.

3

The current guidance is not under review.

Policy for supporting Transgender People in Health & Community Services

1

October 2017.

2

No revision issued.

3

a) Review initiated 2023.

b) The policy, procedure and guideline ratification process is outlined in the attached document. Personal information of the document author has been redacted in line with Article 25 of the Freedom of Information (Jersey) Law 2011.

c) As noted in a Freedom of Information response published in November 2024, the review completion date and subsequent date for issuing the updated / revised policy are not established. As the requested information is not held, Article 3 of the Freedom of Information (Jersey) Law 2011 applies.

ID Policy, procedure and guideline ratification process_Redacted.pdf

Sports Jersey Transgender Users Guidance

FOI September 2023 provides further information. Therefore Article 23 of the Freedom of Information (Jersey) 2011 has been applied.

Any other guidance issued by the States of Jersey which refers to transgender

The released FOI found here: FOI January 2024​, identifies guidance issued by the States of Jersey which refers to transgender. These areas have been covered in this response. 

Articles applied

Article 3 - Meaning of “information held by a public authority”

For the purposes of this Law, information is held by a public authority if –​

(a)     it is held by the authority, otherwise than on behalf of another person; or

(b)     it is held by another person on behalf of the authority.

Article 23 - Information accessible to applicant by other means

(1) Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.

(2) A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information.

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 2018.

(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 2018; and

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

3)      In determining for the purposes of this Article whether the lawfulness principle in Article 8(1)(a) of the Data Protection (Jersey) Law 2018 would be contravened by the disclosure of information, paragraph 5(1) of Schedule 2 to that Law (legitimate interests) is to be read as if sub-paragraph (b) (which disapplies the provision where the controller is a public authority) were omitted.​