Andrew Fyfe, Russell Fleming and Steven Reid - ODS ISBN 0 7559 2903 9
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The Scottish Executive has commissioned a series of research projects in relation to sexual orientation. The first considered research methodologies for research into sexual orientation and gender identity. The second consulted representatives from LGBT organisations on future sexual orientation research. This report, commissioned by the Scottish Executive in November 2004, is the third phase of the research. Its objective was to conduct a stocktake of current policy and practice relating to lesbian, gay, bisexual and transgender ( LGBT) people at local authority level in Scotland to provide a baseline for the policy and practice of local authorities in relation to sexual orientation and gender identity. The research covered all the activities undertaken by local authorities but focused on four areas: policy and planning; service provision; employment and support mechanisms.
Main Findings and Conclusions
- Councils said that LGBT people had a 'low visibility' and tended not to seek help from the council
- Councils lack basic information about LGBT people in their areas
- There is a less developed legislative framework in relation to sexual orientation than for some other equalities themes and many councils stated that they did not prioritise their efforts in the same way as they do for race or disability
- LGBT issues were frequently not included in key council plans and strategies
- In general there was limited progress in monitoring the effectiveness or impact of any LGBT policies
- It is recommended that councils should make explicit references to sexual orientation and gender identity in their statements on equalities issues
- It is recommended that councils should have in place guidelines to deal with discrimination or harassment on grounds of sexual orientation or gender identity
- It is recommended that the Scottish Executive should identify ways to promote sexual orientation and gender identity equality more effectively.
Introduction
- The remit for the research was to conduct a 'stocktake' of current policy and practice relating to lesbian, gay, bisexual and transgender ( LGBT) people at a local authority level in Scotland. The need for the stocktake arose from earlier research which identified that services were not well prepared to meet the needs of LGBT people
- The first phase of the research involved a desk top analysis of the current context. This reviewed published material from Scotland - and more widely in the UK
- The second phase of the research gathered information from councils, using a questionnaire which was returned by all 32 local authorities in Scotland
- The third phase followed up with 8 case studies of local authorities which were selected to be representative of population, geography and size. The case studies involved interviews with councillors and officers from the authority and also with individuals who were representative of LGBT organisations and groups operating in the case study area.
Findings
CONTEXTUAL REVIEW
- Legislating for equal opportunities is a reserved matter for the UK Parliament but the encouragement of equal opportunities is devolved to the Scottish Parliament. Also devolved to the Scottish Parliament is the power to place duties on public authorities to ensure that they conduct their functions with due regard to meeting the requirements of the Westminster equal opportunities legislation
- Councils in Scotland have a legislative requirement to encourage equal opportunities, including sexual orientation and gender identity, in community planning, service provision and employment practices
- Research conducted in 2002 in Scotland identified that while 68% of those surveyed thought that all forms of prejudice should be removed, 49% also identified that there is still considerable prejudice against LGBT people1.
QUESTIONNAIRES
- All thirty two Councils have an equality policy; 9 of which refer to sexual orientation - one has a separate LGBT policy
- LGBT issues are not often clearly stated in council equality policies
- Three councils monitor the effectiveness of their polices for LGBT people
- Every council said they had insufficient information about LGBT people in their areas
- Thirty councils referred to sexual orientation in some way in employment policies
- One council monitored the sexual orientation of its workforce and no others indicated that they would follow this practice in the near future
- 10 social work departments referred to sexual orientation in their strategies and one has a separate LGBT action plan
- Five education departments refer to sexual orientation in their anti-bullying policies
- Six housing departments refer to sexual orientation in their housing strategies
- Six councils said they provided capacity building support to LGBT groups
- Asked to rank the priority given to the 6 equality themes, sexual orientation was ranked 6th highest (Disability was highest).
CASE STUDIES
- Councils said that LGBT people had a 'low visibility' and tendency not to seek help from the council
- Councils lack basic information about LGBT people in their areas
- There is a less developed legislative framework in relation to sexual orientation than for some other equalities themes and many councils stated that they did not prioritise their efforts in the same way as they do for race or disability
- LGBT issues were frequently not included in key plans and strategies, for example, in community plans
- Councils were unsure about how to approach monitoring sexual orientation in the workplace and what its purpose was
- Employment polices in relation to sexual orientation were less well developed than for race or disability
- In general there was limited progress in monitoring the effectiveness or impact of any LGBT policies
- Councils recognised that they had been more effective in progressing other equality issues
- Councils should be prepared to act on the findings from LGBT consultations - action plans need to be followed up with actions
- LGBT organisations in the case study areas were supportive of the steps which councils had taken but they believed that the process was often very slow and that other parts of the equality agenda had been progressed more effectively due to legislative requirements.
MAIN RECOMMENDATIONS
To the Scottish Executive
- Identify ways to promote sexual orientation and gender identity equality more effectively
- Undertake a follow up study of local authority policy and practice in relation to LGBT people in 2007/8, and compare the findings to the 2005 baseline.
To COSLA
- Work with the Scottish Executive to raise awareness of the findings and recommendations of this research
- Review the COSLA equality guidance document on Best Value, Community Planning and the Power of Well Being to include specific reference to sexual orientation and gender identity.
TO LOCAL AUTHORITIES
In relation to leadership, councils should:
- Make explicit references to sexual orientation and gender identity in the councils' statements on (general) equalities issues
- Set clear targets for actions relating to LGBT people and use positive images of LGBT people in promoting council services.
In relation to policy and planning, councils should:
- Ensure a clear flow from corporate sexual orientation and gender identity equality policies to departmental or local delivery plans
- Assess the needs of LGBT people in their area when planning services (drawing on the experience of LGBT organisations when required).
In relation to service provision, councils should:
- Build sexual orientation and gender identity into service reviews
- Recognise the performance benefits which can arise from encouraging diversity in service take up in the form of reduced complaints or the potential increase of usage if LGBT people consider a service to be welcoming.
In relation to communications and consultation, councils should:
- Communicate their specific LGBT policies through leaflets, posters, the council web site and by challenging prejudice when it is identified in the wider community
- Establish effective methods of consulting with LGBT organisations and individuals in its area.
In relation to employment, councils should:
- Make clear that LGBT applicants are encouraged
- Have in place clear procedures for dealing with bullying in the workplace on the basis of sexual orientation or gender identity.
In relation to training, councils should:
- Have specific training on sexual orientation and gender identity to build on general equalities training
- Target front line staff, senior managers and councillors for this training in the first instance, using appropriate training materials
- Make clear to all employees as part of the induction training process that the council will not accept homophobic or transphobic behaviour by any member of staff.
ABOUT THE STUDY
The fieldwork was conducted by ODS between February 2005 and August 2005. It comprised the following stages:
- A review of context and relevant literature
- A questionnaire survey of all 32 local authorities
- Consultation with eight authorities involving interviews
- Consultation with local and national LGBT organisations.
The study was overseen by an advisory group with representatives from the Scottish Executive, COSLA and Equality and LGBT organisations.
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