Asked by: Lord Maginnis of Drumglass (Independent Ulster Unionist - Life peer)
Question to the Department for Education:
To ask Her Majesty’s Government whether they are planning to restrict the ability of local authorities to request information about children’s self-perception of their sexual orientation.
Answered by Lord Nash
The Department for Education do not require schools or local authorities to collect any information on the sexual orientation of children. Any information collected locally by schools and / or local authorities on sexual orientation for their own purposes is a matter for them to manage locally.
The Department for Education has provided schools with guidance on complying with the Equality Act.
The Public Sector Equality Duty, at section 149 of the Equality Act 2010, is a duty on public bodies (and others carrying out public functions) to consider, in their day to day work, the needs of people who share particular protected characteristics. This includes schools and children’s services.
Under the Duty, public bodies must have due regard to the need to:
The Equality Duty covers the protected characteristics listed in the Equality Act, which includes age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
Guidance on complying with the Act and the Equality Duty can be found on GOV.UK (under Equality Act 2010 guidance). Earlier guidance formed under the Coalition Government has been archived on the National Archives website (under the ‘Equality Bill’ guidance). The Equality and Human Rights Commission has also issued guidance on the Public Sector Equality Duty.
Local authorities will also have to comply with the requirements of the Data Protection Act 1998 on the data they collect. The Information Commissioner’s Office state that data should only be collected if organisations have legitimate grounds for collecting and using the personal data; that they do not use the data in ways that have unjustified adverse effects on the individuals concerned; that they be transparent about how they intend to use the data, and give individuals appropriate privacy notices when collecting their personal data.
Asked by: Lord Maginnis of Drumglass (Independent Ulster Unionist - Life peer)
Question to the Department for Education:
To ask Her Majesty’s Government what guidance they have given to local authorities, in particular Brighton and Hove Council, concerning requests for information about children’s self-perception of their sexual orientation.
Answered by Lord Nash
The Department for Education do not require schools or local authorities to collect any information on the sexual orientation of children. Any information collected locally by schools and / or local authorities on sexual orientation for their own purposes is a matter for them to manage locally.
The Department for Education has provided schools with guidance on complying with the Equality Act.
The Public Sector Equality Duty, at section 149 of the Equality Act 2010, is a duty on public bodies (and others carrying out public functions) to consider, in their day to day work, the needs of people who share particular protected characteristics. This includes schools and children’s services.
Under the Duty, public bodies must have due regard to the need to:
The Equality Duty covers the protected characteristics listed in the Equality Act, which includes age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
Guidance on complying with the Act and the Equality Duty can be found on GOV.UK (under Equality Act 2010 guidance). Earlier guidance formed under the Coalition Government has been archived on the National Archives website (under the ‘Equality Bill’ guidance). The Equality and Human Rights Commission has also issued guidance on the Public Sector Equality Duty.
Local authorities will also have to comply with the requirements of the Data Protection Act 1998 on the data they collect. The Information Commissioner’s Office state that data should only be collected if organisations have legitimate grounds for collecting and using the personal data; that they do not use the data in ways that have unjustified adverse effects on the individuals concerned; that they be transparent about how they intend to use the data, and give individuals appropriate privacy notices when collecting their personal data.
Asked by: Lord Maginnis of Drumglass (Independent Ulster Unionist - Life peer)
Question to the Department for Education:
To ask Her Majesty’s Government what assessment they have made of the need for, and benefit to be derived from, the questionnaire issued by Brighton and Hove Council requesting information about children’s self-perception of their sexual orientation.
Answered by Lord Nash
These questions refer to an answer given by Viscount Younger of Leckie on 12 October 2016, and also link to previous questions asked by Lord Macginnis, and answered by Baroness Williams of Trafford in April 2016.
As Baroness Williams set out in her previous reply, the Department for Education provides guidance on the Equality Act 2010 to schools which contains advice on the Public Sector Equality Duty and on the protected characteristic of gender reassignment.
The Department is not responsible for the decision by Brighton and Hove Council to include gender identity information on the pupil registration form it issued in April 2016. The Council has the independence to make this decision. The Department has had no involvement and has not made any assessment of the questionnaire.
The Department does not hold details of any additional information collected by local authorities outside of those required by the Department for our centrally specified, mandatory data collections. Brighton and Hove Council is responsible for securing answers and restricting access to information generated by any questionnaire it issues.
The Department has not inquired into the gender identity of children in Brighton and Hove and has no correspondence on the matter.
Asked by: Lord Maginnis of Drumglass (Independent Ulster Unionist - Life peer)
Question to the Department for Education:
To ask Her Majesty’s Government, further to the answer by Viscount Younger of Leckie on 12 October (HL Deb, col 1889), what correspondence there has been between the Department for Education and Brighton and Hove Council pertaining to questionnaires seeking information about children’s self-perception of their sexual orientation; and whether they will place a copy of that correspondence in the Library of the House.
Answered by Lord Nash
These questions refer to an answer given by Viscount Younger of Leckie on 12 October 2016, and also link to previous questions asked by Lord Macginnis, and answered by Baroness Williams of Trafford in April 2016.
As Baroness Williams set out in her previous reply, the Department for Education provides guidance on the Equality Act 2010 to schools which contains advice on the Public Sector Equality Duty and on the protected characteristic of gender reassignment.
The Department is not responsible for the decision by Brighton and Hove Council to include gender identity information on the pupil registration form it issued in April 2016. The Council has the independence to make this decision. The Department has had no involvement and has not made any assessment of the questionnaire.
The Department does not hold details of any additional information collected by local authorities outside of those required by the Department for our centrally specified, mandatory data collections. Brighton and Hove Council is responsible for securing answers and restricting access to information generated by any questionnaire it issues.
The Department has not inquired into the gender identity of children in Brighton and Hove and has no correspondence on the matter.
Asked by: Lord Maginnis of Drumglass (Independent Ulster Unionist - Life peer)
Question to the Department for Education:
To ask Her Majesty’s Government, further to the answer by Viscount Younger of Leckie on 12 October (HL Deb, col 1889), who has responsibility for (1) securing the answers to, and (2) restricting access to the information deriving from, Brighton and Hove Council’s questionnaires to (a) young teenagers, and (b) the parents of 4 to 6 year-old children, about those children’s self-perception of their sexual orientation.
Answered by Lord Nash
These questions refer to an answer given by Viscount Younger of Leckie on 12 October 2016, and also link to previous questions asked by Lord Macginnis, and answered by Baroness Williams of Trafford in April 2016.
As Baroness Williams set out in her previous reply, the Department for Education provides guidance on the Equality Act 2010 to schools which contains advice on the Public Sector Equality Duty and on the protected characteristic of gender reassignment.
The Department is not responsible for the decision by Brighton and Hove Council to include gender identity information on the pupil registration form it issued in April 2016. The Council has the independence to make this decision. The Department has had no involvement and has not made any assessment of the questionnaire.
The Department does not hold details of any additional information collected by local authorities outside of those required by the Department for our centrally specified, mandatory data collections. Brighton and Hove Council is responsible for securing answers and restricting access to information generated by any questionnaire it issues.
The Department has not inquired into the gender identity of children in Brighton and Hove and has no correspondence on the matter.
Asked by: Lord Maginnis of Drumglass (Independent Ulster Unionist - Life peer)
Question to the Department for Education:
To ask Her Majesty’s Government whether the actions of Brighton and Hove City Council regarding its inquiries into children's gender identity, rather than their physical sex, have been referred to the police in the light of any risk that such questioning might sexualise vulnerable young people.
Answered by Baroness Williams of Trafford - Shadow Chief Whip (Lords)
The Department for Education provides guidance on the Equality Act 2010 to schools which contains advice on the Public Sector Equality Duty and on the protected characteristic of gender reassignment.
The Department has not inquired into the gender identity of children in January 2016 and has no correspondence on the matter.
The addition of gender identity information on the pupil registration form was solely a decision of the Brighton and Hove City Council. They have the independence to make this decision.
The Department does not hold details of any additional information collected by local authorities outside of those required by the Department for our centrally specified, mandatory data collections.
The Department is not aware of any referral on this issue to the Police.
Asked by: Lord Maginnis of Drumglass (Independent Ulster Unionist - Life peer)
Question to the Department for Education:
To ask Her Majesty’s Government whether they will publish any relevant correspondence between the Department for Education and Brighton and Hove City Council following its January 2016 inquiry into the gender identity rather than the physical sex of secondary school children.
Answered by Baroness Williams of Trafford - Shadow Chief Whip (Lords)
The Department for Education provides guidance on the Equality Act 2010 to schools which contains advice on the Public Sector Equality Duty and on the protected characteristic of gender reassignment.
The Department has not inquired into the gender identity of children in January 2016 and has no correspondence on the matter.
The addition of gender identity information on the pupil registration form was solely a decision of the Brighton and Hove City Council. They have the independence to make this decision.
The Department does not hold details of any additional information collected by local authorities outside of those required by the Department for our centrally specified, mandatory data collections.
The Department is not aware of any referral on this issue to the Police.
Asked by: Lord Maginnis of Drumglass (Independent Ulster Unionist - Life peer)
Question to the Department for Education:
To ask Her Majesty’s Government whether any guidance or instruction from the Department of Education has prompted Brighton and Hove City Council to seek to establish the gender identity rather than the physical sex of four and five year-old children, and how many other education bodies have sent similar requests to parents.
Answered by Baroness Williams of Trafford - Shadow Chief Whip (Lords)
The Department for Education provides guidance on the Equality Act 2010 to schools which contains advice on the Public Sector Equality Duty and on the protected characteristic of gender reassignment.
The Department has not inquired into the gender identity of children in January 2016 and has no correspondence on the matter.
The addition of gender identity information on the pupil registration form was solely a decision of the Brighton and Hove City Council. They have the independence to make this decision.
The Department does not hold details of any additional information collected by local authorities outside of those required by the Department for our centrally specified, mandatory data collections.
The Department is not aware of any referral on this issue to the Police.
Asked by: Lord Maginnis of Drumglass (Independent Ulster Unionist - Life peer)
Question to the Department for Education:
To ask Her Majesty’s Government, further to the written answers by Lord Nash on 26 and 27 October 2015 (HL2579 and 2580), and the oral response by Baroness Evans of Bowes Park on 4 November (HL Deb, col 1635), what is the percentage turnover of (1) teachers who achieved Qualified Teacher Status through an undergraduate qualification, and (2) teachers who trained via the Postgraduate Certificate in Education, within (a) two years, (b) five years, and (c) 10 years, of beginning to teach.
Answered by Lord Nash
The latest statistics show that 81 percent of qualified teachers remain in service after 2 years, 72 percent of qualified teachers remain in service after 5 years, and 62 percent of qualified teachers remain in service after 10 years. This information is available in Table C2 of the statistical first release ‘School Workforce in England, November 2014’ published in July 2015.
The requested breakdown by under/postgraduate route is not available.