Police Scotland review of sex and gender: what’s the story?
Introduction
This blog traces how Police Scotland appears to be quietly retreating from a promise made to the Scottish Police Authority (SPA), and indirectly, through the SPA, to the Scottish Parliament, to undertake a “fulsome” and “wide-ranging” review of how it deals with sex and gender.
Background
At a Scottish Police Authority (SPA) Board meeting on 26 September 2024, Police Scotland Chief Constable Jo Farrell made the following statement:
Let me finish by being absolutely clear – a man who commits rape or serious sexual assaults will be recorded by Police Scotland as a male.
Chief Constable Jo Farrell, 26 September 2024
The statement was made against the backdrop of a long-running controversy over Police Scotland recording practices and, at the time, rightly reported as a major u-turn. In a series of statements made to the Scottish Parliament and the press, Police Scotland had previously insisted that it recorded incidents based on gender self-identification, and that this extended to all offences, including sexual offending and rape.
Extraordinarily, in March 2024 the single service had told the Scottish Parliament, in the specific context of recording rape, that this was in line with its values and promoted a “strong sense of belonging”.
Police Scotland review of sex and gender
In response to the growing controversy, at the September SPA Board meeting the Chief Constable told Board members that Police Scotland would conduct a review of data on sex and gender, led by Assistant Chief Constable Catriona Paton.
In response to questioning by a Board member the force indicated that the review would extend to other relevant Police Scotland policies, and not look only at recording practices. Deputy Chief Constable Alan Speirs said in response (emphasis added):
The recommendation I made was a much more fulsome review, to engage externally and to hear views and observations from women’s groups. We have the team and the structure in place and will do that over the coming months.
DCC Speirs, 26 September 2024
Of particular relevance here is the Police Scotland ‘Transitioning at Work’ policy, which allows male officers and staff who self-identify as women to use female changing facilities. Police Scotland’s Care and Welfare of Persons in Police Custody policy also requires custody searches to be undertaken by an officer of the same ‘gender’, although we understand this is already under review.
Clarifying the scope of the Paton review
On 11 October 2024 we wrote to the Chief Constable, seeking clarity on the exact remit of the review and a number of other questions, including consultation plans for the Paton review. We asked how Police Scotland defined ‘man’, and how the single service recorded sex/gender in relation to sexual offences other than rape, non-sexual crimes and sex offender management records. We also questioned Police Scotland’s understanding of gender recognition in the relation to the Equality Act 2010, which appeared dated and confused.
A ‘fulsome’ review?
On 12 December 2024, in response to a request from the Scottish Parliament Criminal Justice Committee, the Scottish Police Authority Chief Executive provided details of the review. Encouragingly, this described the review as ‘wide-ranging’, as promised by DCC Speirs. The letter told the Committee:
Police Scotland’s review will include the custody and stop and search operational areas amongst others and the Authority is assured that any improvements identified would be implemented at pace. For clarity, the Authority does not approve operational policies – these are a matter for the Chief Constable.
Lynne Brown OBE, SPA Chief Executive, 12 December 2024
On 10 December 2024, Police Scotland had presented an update paper to the Scottish Police Authority Performance Committee. Although this at points referred only to data recording, it referred also to the review looking at ‘the use of sex and gender across the organisation’, and from its letter to the Committee, the SPA had clearly understood the remit to be wide.
On 3 January we received a response to our October letter. This, however, stated that the review would be limited to data recording and that Police Scotland intended to hold a number of roundtables with stakeholders in the coming months (see appendix). The letter did not answer the remaining questions.
The purpose of this review, which I am leading, is to consider the terminology and recording practices Police Scotland uses to collect data on sex and gender and recommend any necessary improvements in data recording and collection.
ACC Catriona Paton, 3 January 2025
Conclusion
Contrary to the statement made by DCC Speirs to the SPA in September 2024, it appears the Paton review of sex and gender will be limited to data collection and not be “fulsome”. Nor will it be ‘wide-ranging’, as indicated by the SPA CEO to the Scottish Parliament. We have written to the CEO of the SPA sharing the response we have received and urging them to press Police Scotland for an assurance that searching policies and single-sex spaces are part of this review.
Appendix: Police Scotland response, 3 January 2024
Dear Kath, Lucy and Lisa
Police Scotland Review of Sex and Gender
I refer to the above and to your communication dated 11th October 2024 regarding sex and gender recording. Firstly, I would like to apologise for the delay in responding to your letter. As Executive Lead for Policing Together, the Chief Constable asked me to review your correspondence and reply directly to you on her behalf.
Police Scotland has a general duty under the Equality Act 2010 to have due regard to the need to end unlawful discrimination, advance equal opportunities and foster good relations between different groups of people and is required to publish certain equality outcomes. In order to comply with these equality duties, it needs to collect data.
It is important that Police Scotland regularly reviews its arrangements for collecting data, including the definitions it uses to capture the data it needs.
The purpose of this review, which I am leading, is to consider the terminology and recording practices Police Scotland uses to collect data on sex and gender and recommend any necessary improvements in data recording and collection.
The Scottish Government’s guidance for public bodies on the collection of data on sex and gender recognises that there is currently no standard way that data about sex and gender identity is being collected, either in Scotland or the UK.¹
This review will aim to ensure that Police Scotland’s recording practices in relation to data on sex and gender are consistent with good practice, complies with equality, human rights and data protection law and meets its operational requirements.
The objectives of the review will include areas such as, but not limited to, terminology, operational effectiveness, and stakeholder perspectives. This review will focus on how Police Scotland records sex and gender in accordance with its legal obligations and government guidance.
I am committed to leading this work in a way that is engaging and transparent and rooted in understanding and appreciation. I am therefore very keen to hear your views. We intend to have a number of Roundtable Discussions in the coming weeks and months which I will ensure that you are invited to attend. This will provide us with an opportunity to listen, understand and develop together any action deemed necessary or relevant.
Thank you for your ongoing support to Policing and I look forward to meeting with you in the coming months.
Yours sincerely,
Catriona Paton KPM
Assistant Chief Constable
Policing Together
1 Scottish Government Chief Statistician, Sex, gender identity, trans status – data collection and publication~: guidance, available here: https://www.gov.scot/publications/data-collection-publication-guidance-sex-gender-identity-trans-status/pages/1/