Wednesday March 18th 2026
Head of Education at East Lothian Council, Nicola McDowell
Written by Local Democracy Reporter, Marie Sharp
Schools in East Lothian have been issued with a gender statement to help support transgender pupils in their care.
The new guidance was issued after consultation with teachers, staff and children and young people and covers everything from PE classes to social dances and school trips.
It also provides them with advice on dealing with pupils’ right to privacy and dealing with parents and carers.
Drawn up after the UK Supreme Court ruling in August last year on the definition of sex along with a Court of Session ruling requiring schools to provide separate boys and girls toilets, the statement’s purpose is described as to ensure schools are safe spaces for all children and young people”.
A report to members of East Lothian Council’s education and childrens services committee this week said the statement was not exhaustive but aimed to provide support for consistent, positive and equitable approaches for children and young people and their families.
It said: “Staff across all schools and wider learning communities were invited to provide feedback about the final version of the gender statement. Most people reported that the statement is supportive for children and young people, comprehensive and easy to understand.
“Children and young people were also consulted on the production of the statement through focus groups. They reported that having this guidance would enable school staff to further understand their needs and better support them.
“The statement was shared with wider partners too including Time for
Inclusive Education (TIE). TIE reported that the statement aligns with legislation, is sensible, practical and is one of the best they have read.”
Councillors welcomed the statement with Councillor Shona McIntosh saying: “It (the report) comes at a time when I know transgender people of all ages are really worried about increasing hostility across the whole of society.
“I know that if you are the parent of a transgender child that brings its own anxieties too. It is worth reflecting that the UK used toe be rated first in Europe for LGBTQ+ equality and it was downgraded to 22nd which is a huge fall.
“I think this policy comes from a place of unconditional support which is great.”
While fellow committee member Councillor Lee-Anne Menzies said: “Some of the new terminology I struggle to understand but have come to the realisation I don’t need to understand everything I just need to know that everybody is being accepted and we are making sure there are places for everyone.
“I don’t understand what it is like to be a millionaire but I know that they exist and I don’t try to pretend they don’t exist and that is where I am coming to that from.”
Councillors were asked to note the statement which head of education Nicola McDowell said had been produced to ensure schools and families have clear and consistent guidance.
She said: “Our gender statement outlines our approach to providing support for children and young people and safe spaces for all learners, regardless of gender identity.
“The statement is in line with the 2025 UK Supreme Court judgement and updated Scottish Government guidance that followed it.
“Importantly, it recognises the legal responsibilities and rights of all of the parties involved – the council and our schools, children and young people and their parents and carers.
“In developing this statement, we consulted with school communities. The outcome is practical guidance that offers clarity for everyone and is compliant with law.
“It also reflects the importance of respectful conversations and close working between all parties to achieve the best outcomes for young people involved.”
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