Guidelines relating to transgender considerations (3) (FOI)Guidelines relating to transgender considerations (3) (FOI)
Produced by the Freedom of Information officeAuthored by Government of Jersey and published on
10 February 2025.Prepared internally, no external costs.
Request 680770946
With reference and follow-up to FOI request 669146688:
Transgender guidances which have been updated as per the response to FOI request above do not appear to be readily available through online search.
Therefore, I request a copy of each of the following current transgender-related guidances:
Guidances:
1) Transgender Guidance for Schools (revised version to be released end January 2025)
2) Transgender Guidance for the La Moye prison (revised December 2023)
3) Transgender Guidance for Customer and Local Services (issued October 2024)
4) Sports Jersey Transgender Users Guidance (revised with appendix in 2024)
Thank you.
Response
1
The revised Children, Young People, Education Department’s Transgender Guidance for Schools will be published once approved by the CYPES Ministerial Team. Therefore Article 36 of the Freedom of Information (Jersey) Law 2011 has been applied.
Please see the link below to our current guidance.
Transgender Guidance for Jersey Schools.pdf
2
The Transgender guidance for La Moye prison is attached.
Attachment.pdf
3
The Employment, Social Security and Housing Transgender guidance (CLS Procedure Gender Change) is accessible by other means and can be found here, therefore Article 23 has been applied:
Guidelines relating to transgender considerations (FOI)
We confirm this remains our current guidance.
4
The FOI (669146688) as referenced in this FOI released here January 2025, refers to an FOI from September 2023, which states that the Government of Jersey does not have a policy. Therefore Article 3 of the Freedom of Information (Jersey) Law 2011 applies.
The Sport Development Department was outsourced to Jersey Sport in 2017. Jersey Sport is an arms’ length organisation of the Government of Jersey.
Jersey Sport are not subject to the Freedom of Information (Jersey) Law 2011. They can be contacted at:
Telephone: 01534 757700
Email: info@jerseysport.je
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 36 - Information intended for future publication
(1) Information is qualified exempt information if, at the time when the request for the
information is made, the information is being held by a public authority with a view to its being published within 12 weeks of the date of the request.
(2) A scheduled public authority that refuses an application for information on this ground
must make reasonable efforts to inform the applicant –
(a) of the date when the information will be published;
(b) of the manner in which it will be published; and
(c) by whom it will be published.
(3) In this Article, “published” means published –
(a) by a public authority; or
(b) by any other person.
Public Interest
Article 36 is a qualified exemption, which means that a public interest test has to be undertaken to examine the circumstances of the case and decide whether, on balance, the public interest in maintaining the exemption outweighs the public interest in disclosing the information. There is an inherent public interest in transparency and ensuring the public have access to the policies in place. However, as the revised policy is yet to be approved, it may be subject to change. There is also a public interest in allowing the Government to follow the correct approval processes, and to ensure that there is a safe space to discuss revisions. Releasing revised policies before approval may lead to inaccurate information being released. It is intended to publish the information on the Government of Jersey website within 12 weeks. Therefore, the public interest in maintaining the exemption is viewed as outweighing the public interest in releasing the unapproved revised version.