Background

The Higher Education Statistics Agency (HESA) is currently revising a number of data collection fields. The changes are not yet set in stone. 

Two new fields (student.SEX and student.GENDERID) will effectively replace the one existing field (student.GENDER) which is currently used to collect data on gender within higher education institutes (usually universities) in the United Kingdom.

The existing student.GENDER field has the following categories*:

In regards to “Indeterminate”, HESA note that:

“Code 9 ‘Indeterminate’ means unable to be classified as either male or female. It should not be used as a substitute or proxy for ‘Not known’. The term ‘indeterminate gender’ is intended to identify those who are ‘intersex’ and is not related in any way to trans-gender.”

However, in practice a number of institutions have effectively mapped answers such as “other” and “prefer not to say” onto this third category within enrolment/re-enrolment forms in order to provide non-binary, genderqueer, intersex and other students to effectively “opt out” of the gender binary.

The new, compulsory student.SEX field has the following categories:

1 Male
2 Female

The new, optional (for institutions) student.GENDERID field has the following categories:

01 Yes
02 No
98 Information refused

A brief analysis of the harm in these changes can be found in my previous post.

Developments

It appears that HESA have received a number of queries and complaints from trans people: it’s uplifting to see so impressive and rapid a response!

The agency initially responded by noting that the changes were the result of “consultation with [the] HE sector and ECU“. Commentators noted that this consultation seemed to at no point involved actual trans students.

However, in the last hour HESA have provided the following statement from their Twitter account:

“Thanks for queries re. sex and gender in next year’s HESA record. Your input will help us get this right.”

The tweet links to correspondence conducted between HESA and trans activist Emma Brownbill – if you have the time, it’s worth a read!

Some key points include the following:

“The phrase ‘legal’ sex is only currently used in the Staff Record. The intention in the Staff Record is to match the data requirements of HMRC, which for tax and pension purposes only accept Female or Male.

The final coding manual and guidance for the Student Record in 2012/13 has not been published. From your own and other queries about the provisional guidance and consultation documents it is clear that the terminology of ‘legal’ sex may not be appropriate for the Student Record.

Similarly the binary choice of Female or Male, originally intended to match the Staff Record, is now the subject of further discussion with regard to the Student Record.”

So let’s keep at this – we’re really getting somewhere!

Also, thanks to everyone who commented on the previous post, your contributions were greatly appreciated.

Edit: the story has now hit Pink News.

*The numbers (e.g. 1, 2, 9, 98) are used within statistical analyses.

Earlier this year, HESA [Higher Education Statistics Agency] confirmed a series of changes that they would be making to the HESA Student Record for the 2012/13 academic year, which would have an impact on some of the questions that students are asked during the application and enrolment process. A number of these changes relate to equality issues and the 2010 Equality Act and I thought it would be prudent for us to consult [...]

The key changes of relevance are as follows:

(1) There is an existing field Student.GENDER which will from 2012/13 be replaced with Student.SEX. The new Student.SEX field will reflect ‘legal’ biological sex at birth and we have been advised that there will be only two valid entries for this field, either Male or Female.

(2) To complement the new Student.SEX field there will also be an additional field, Student.GENDERID, which is intended to reflect the student’s gender identity based on their own self-assessment. A response to this question, should we choose to ask it, would be optional for students. The ‘suggested question’ from the Equality Challenge Unit for eliciting this information is “Is your gender identity the same as the gender you were originally assigned at birth?” and it would be possible for students to respond with ‘Yes’, ‘No’, or ‘Information Refused’.

At my university, the current student.GENDER field allows students to identify as “female”, “male”, “other” or “prefer not to say” following intervention from trans activists and past Students’ Union welfare officers. This system, and any similarly progressive approach from other institutions, will be overturned by the new HESA guidelines.

My concerns are as follows:

1) What is “legal” sex? Is it:
(a) my birth sex? (in which case I’m male)
(b) what’s on my passport? (in which case I’m female)
(c) whether or not I have a gender recognition certificate? (in
which case I’m male)

[edit: a skim of the HESA guidelines shows that (a) is not the case, with the university apparently using the phrase "sex at birth" in error]

2) If (a) or (c), then the University is going to revert my “sex” on its forms. This will disclose I am trans to anyone using their records.

3) If (b), then anyone wishing to update their gender will have to out themselves by walking into the university administrative building and presenting their passport. I had to do this in 2005 and it caused all kinds of weird issues with the Students’ Union and my records. We changed the system in two stages (the last one is referred to in the letter) in order to prevent this from happening to anyone else.

4) The new system erases intersex people.

5) The new system erases people with a non-binary identity.

6) This whole approach has an extremely flawed methodology that will only invalidate the desired data!

I suspect my university doesn’t have much of a choice about how this is carried about, and neither will others. We urgently need to lobby HESA to reverse their policy on this.

I’ll aim to write a more coherent analysis of the situation (inc. the complex role of the Gender Recognition Act) when I’m feeling more coherent.

–

EDIT: HESA notes changes to the student.GENDER field here. Information on the new (binary) gender identity code can be found here.

THE GOOD

Regular readers of this blog will be quite aware of how much I distrust and dislike the Conservative-led government. Their work on trans equality (in a purely liberal sense) has, however, been quite impressive on the whole.

Under the leadership of Equalities Minister Lynne Featherstone – who has long been a trans ally in Parliament – the Home Office has pursued a programme of engagement and genuine consultation that quite outstrips anything achieved by the previous Labour government (who generally passed trans equality legislation only when ordered to by the European courts).

The action plan promises a robust response to needs expressed by the trans community on a whole variety of fronts. Most of the government’s promises involve the production guidance for various individuals, organisations and/or sectors: this may not sound like much, but the value of this documentation should not be underestimated. Some of the biggest challenges we face arise simply from the fact that doctors, civil servants and others simply don’t know what they’re doing when confronted with trans issues, so it’s good to see this addressed. Of course, we’ll have to see how these promises actually pan out.

So, what do we have?

The Headlines

• The big news is arguably the
  introduction of trans hate crime legislation. The government plans to amend existing laws in order to provide for:

“[...] sentences to be aggravated for any offencemotivated by hostility towards the victim onthe grounds of being transgender, and for a30 year starting point for murders motivated by hostility towards the victim on the groundsof being transgender.”

• The government has also promised to “review” how gender identity is represented in passport application forms, and in passports. It’s not inconceivable that this may lead to the introduction of gender-neutral passports, particularly as the IPS admitted in September that they are “considering” this option. The explicit recognition of “non-gendered” individuals in the action plan itself is also an interesting move on this front.

The nitty-gritty

Various government departments are assigned responsibility for a whole host of actions, including:

• the issuing of statuatory guidance to increase head teachers’ power to tackle bullying (inc. transphobic bullying)
• further emphasis upon “prejudice-based bullying” (inc. transphobic bullying) in Ofsted inspections*
• working to build trans equality into existing practices within primary, secondary and further education (e.g. in PSHE lessons, teacher skills programmes, FE equalities training)
• updating “advice for employers on recruiting and employing transgender employees”
• revising guidance for Job Centre staff
• additional “pre-employment support” for marginalised groups (inc. trans people)
• clear guidance on trans pension rights on the DWP website, and better handling of pension claims
• guidance on holding public sector bodies to account through the Equality Duty (an aspect of the Equality Act 2010)
• “clear and concise” guidance  on transition treatment pathways for GPs and PCTs
• information on trans health (including sexual health) on the NHS Choices website
• ensuring that health consultations are trans-inclusive
• updating privacy guidance within government departments (inc. provide better guidance on the use of privacy markers to protect privacy for employers and benefit claimants)
• a guide to equality legislation and policy for trans people
• community outreach on the democratic system and relevant government programmes
• working with housing providers to produce best practice guidance on trans accomodation (inc. advice on tackling transphobic anti-social behaviour)
• “Work[ing] with the transgender community” during the marriage equality consultation
• continuing to play an active role in condemning transphobic violence and discrimination through the Council of Europe and the United Nations
• providing better guidance on gender identity and trans individuals within the asylum system

Moreover, there a number of actions the government has already taken:

• police forces have been required to collect data on transphobic hate incidences since April 2011
• trans people are included (just about) in the Charter against homophobia and transphobia in sport
• a module on gender identity has been launched as part ofthe training course for asylum decision-makers
• transphobic bullying was included in an anti-bullying guidance for headteachers
• UK diplomats worked to promote a historic United Nations Human Rights Council resolution condemning homophobic and transphobic violence and discrimination

THE BAD

My general impression of the document – and planned actions within – is broadly positive. However, there were a few items of concern within the action plan:

As part of the Government’s wider work to
develop a new NHS Commissioning System,
ensure greater consistency in commissioning
gender identity services, increased patient choice
and more cost effective treatment plans for
gender dysphoria.

The term “more cost effective treatment plans” certainly rings alarm bells. How many ways can transition become less expensive to the NHS whilst retaining an appropriate level of care? Moreover, “increased patient choice” definitely sounds like it’s part of the government’s dodgy privatization agenda. On the other hand, this point may simply entail a removal of bureaucratic barriers, and the “greater consistency” should, hopefully, be a positive development overall. Time will tell.

Deliver a framework for evaluating the Equality
Act, including the implementation of the
exceptions on gender reassignment.

Will this work to prevent companies from exploiting loopholes in order to discriminate against trans people, or will it help organisations such as Rape Crisis deny access to vital services?

Run a workshop for the transgender community
to increase their understanding of the public
sector Equality Duty and how they can hold
public bodies to account

A single workshop for the “transgender community”? I hope we’re all invited!

Finally, there’s a lot of talk about “considering” and things that might be “possible”. I do wonder how many of these points will be translated into firm action.

THE UGLY

Fortunately, there’s not too much of this, but there’s the odd action point that stinks. There have clearly been Tory spin-doctors at work on this document, because at times it’s clearly attempting to push the government’s agenda in a number of areas rather than, y’know, trans equality. Whether or not you agree with this agenda is up to you (personally, I’m against for all sorts of reasons) but surely this kind of action plan shouldn’t really be about pushing the government’s pet projects?

Some choice quotes (emphasis mine):

“Transgender people, from transsexual to nongendered,
want to be able to participate in and make their contribution to society and the economy.“

Wait, I thought this was about equality and fairness, rather than corporate drone culture?

Equality of opportunity in employment is
fundamental to building a strong economy and
a fair society. We know that workplaces that are
more inclusive are also more productive.

Glad to see the government has its priorities sorted.

Take active measures to ensure that the views of
transgender users shape the Government’s Care
and Support White Paper and create a care
market that is more responsive to diverse needs.

Because “care” should be bought and sold, and markets are necessarily efficient.

Promote, via government information portals,
relevant funding streams to the transgender
community to ensure they are aware of funding
available to participate in the localism agenda.

That totally makes up for all the national funding that’s been cut, right?

Ensure that National Citizen Service (NCS) for
16 year olds is an inclusive and safe environment
for all participants, including transgender people,
by encouraging NCS providers to build equality
issues into their information and training for staff.

Another pet project! To be fair, at least they’re putting some effort into ensuring its actually accessible and all.

AND FINALLY…

An absolute howler courtesy of the “headline findings” from the community surveys that fed into the action plan:

Nearly two-thirds of respondents (47%) thought that intervention, such as guidance or training, would be best focussed in secondary school

And if that’s not confirmation that the government needs to invest properly in education, I don’t know what is.

Please set aside some time today for those whose who were killed this year because of ignorance, hatred, and prejudice.

We remember those who would otherwise not be remembered. We mark the passing of those who many would like to erase or forget. We respect those who have otherwise found no respect, even in death.

We hope for in future in which no-one is brutally murdered simply because of who they are.

–

Some thoughts on how to remember those we have never met, and can now never meet.

That level of public consciousness has no doubt shaped the fury emerging from some quarters. I’ve seen outrage at the employment of numerous cissexist tropes (as Paris Lees noted in the Guardian, anyone playing the Trans Documentary Drinking Game whilst watching My Transsexual Summer is guaranteed to get utterly sozzled very quickly), the dodgy narration from a clueless cis woman, and the frequent use of the word “tranny” by documentary participants. The latter issue in particular has predictably reignited debates about whether or not (and how) offensive language can be reclaimed.

Others (including Lees) have welcomed the show as a positive step forward. I agree with those who point out that the show breaks new ground in enabling trans people to speak for themselves in a public/media setting. The best parts of episodes one and two do tend to involve group conversations in which the show’s participants have the rare opportunity to discuss their unique challenges within the safety and comfort of a trans space (other good bits included Dr Bellringer’s justification of genital surgery and the revelation that some trans men keep their clitoris post-phalloplasty…imagine, a functioning penis and a functioning clitoris! Dude!)

My own problem with the show is that these moments of brilliance are inevitably compromised by the ciscentric, cissexist editing process. I’ve already mentioned the narrator: the show would be a considerably stronger, warmer portrayal without the presence of her patronising, occasionally transphobic twaddle. Then there’s some of the things the participants are required to do. In the first episode, they’re expected to take pictures of one another (an activity some are clearly uncomfortable with), leading to this gem of a comment:

The photographs are ready. Now they’ll be able to judge themselves, and each other.

Congratulations Channel 4: you’ve managed to touch upon everything that’s wrong with internalised transphobia, judgemental “more stealth-than-thou” attitudes within trans communities and the cissexism within the wider world in one fell swoop!

The worst part of the editing process though is the identity erasure undertaken for the sake of telling a safe, easily digestible story to a cis audience. Maxwell – the jolly Jewish fellow from the show – has written about this process extensively on his blog:

What I see is the inevitable privileging of narratives that do not challenge dominant paradigms of normative gender. What I see is programming that will make you think “oh I feel so sorry for them, maybe I might think about how those people get a tough ride”. What I don’t see is anything that is going to make people think or feel any differently about what gender is or how it limits us all in one way or another.

What we see are lovely endearing transsexuals (who I still consider to be my good friends) struggling though ‘typical’ transitions and don’t get me wrong these stories are hugely important, I do not underestimate how important these stories are but where are all the queers!?

These narratives are totally valid but I believe they need to be seen in context and juxtaposed with a more diverse representation. A representation that was there in the house but somehow didn’t make it to our television screens.

Where is Fox talking about being mixed race, about his art and about how he sees himself as two spirit?

Where is the exploration of Donna’s male and female identities as she navigates the personal relationships that mean so much to her?

Where is the discussion about how I reject gender binary and sexuality and still live an observant Jewish life at the same time?

The film-makers’ approach also ensured that the word “tranny” was employed in a deeply problematic context:

The responsibility was not on us to act or behave in a certain way- our job was to turn up and be ourselves. TwentyTwenty and Channel Four bear the responsibility for broadcasting footage without providing any context whatsoever. Donna ‘I’m pretty manly for a Tranny’ is a superbly articulate young woman who’s reasons for using the T word were not broadcast, instead they used endless footage of her and the other women putting on make up.

Maxwell and the other participants have been attacked extensively for their use of the word, with detractors arguing that they should have been more careful. Maxwell is now wondering if he did the “wrong thing”. Yet I’m inclined to agree with his initial assessment: if the editors had any sense, if they listened to the numerous community members they corresponded with, if they gave a shit, then they would have thought quite seriously about how they used the small amount of footage in which the word is uttered.

I can understand why some feel that My Transsexual Summer represents a step forward, a positive move in spite of its failings. I see hope in the brave, strong participants, and in the few moments when their voices are heard loud and clear. If we’re to have a truly decent, representative mainstream trans documentary though, those voices have to be centred rather than sidelined. We’ll continue to see poor programmes produced as long as cis filmmakers have the power to re-contextualise our stories whilst erasing our gender(s), sexual orientation, and race/ethnicity.

I have become aware of a number of instances, including my own, where the safeguards that are being placed to protect Trans folks identities, by the Dept For Work and Pensions, are actually creating major difficulties for Trans individuals.

On applying for pensions or benefits, due to the ‘Sensitivity’ marker that is placed to conceal the individuals Trans history, regular advisors are not able to access claims and individuals records.

Previously, there was at least one individual at each DWP site, including Job Centres, that had the authority to access these ‘Sensitive’ cases. This allowed a relatively seamless service, with maybe a minor delay of a few minutes, to a day or so, while said person was located or an interview slot was found.

Due to, in my view, over-stringent new adherence to Data protection sensibilities, resulting from DWP data security breaches in recent years, this ‘Authority to access’ has been removed from the front line centres/public touch points and has been withdrawn to locations such as Hackney and Newcastle, to name two that I know of. In some cases, such as Hackney, it is impossible to contact them directly and unfortunately their system of ‘Call Backs’ is woefully inadequate.

There is also a difficulty in even recognising this matter at public touch-point level, with staff realising that they are unable to access the individuals details, but having no clue as to why.

These factors are leading to around a 4-6 week delay in benefits such as pensions, jobseekers allowance, income support and so on being paid. There is also an alarming lack of communication from the DWP to local councils with regard to Housing Benefit and Council Tax.

One of our members, upon informing DWP of her name and details change, found that she could no longer access her Jobseekers allowance details through her own Job Centre. This then led to confusion and a cancellation of her JSA payments, cancellation of her Housing benefit and claims for payment of Council Tax. All of these matters had been settled a long time previously and should have continued, unaffected. There was even a stage at which her home was at risk, due to an inability to pay.

This situation is entirely unacceptable. I intend to start to address this problem by making a case, through various agencies and would ask if there is anyone aware of any other such investigation, in order that I am not about to attempt to re-invent the wheel.

I would also ask if you have heard of anyone suffering difficulties of this nature, that you ask if they are able to contact me. All of my contact details are on my facebook page, but the most convenient to me would be by e-mail to: kellytonks[at]gmail.com.

Please can I ask that as much detail is provided, so that I am able to build up a clear picture of the situation and how serious this matter is.

If you are a member of an organisation that has had any of these matters reported to you, could you please let me know what action you took, if any.

The activist group are also encouraging people to contact peers and ask them to block the bill.

Full details of the demonstration can be found on the UK Uncut website.

There is also a Facebook event page.

It looked like the usual round of accusations and counter-accusations would soon be in full swing as Julie Bindel vs The Trans Community (whatever that is!) bout 362 kicked off…but then something unprecedented happened. Julie Bindel apologised.

“I apologise unreservedly for both the tone and content of my 2004 article.”

This statement was provided to Square Peg Media, who passed it on to Natacha Kennedy during her correspondence with the company prior to the awards ceremony. It refers to the Guardian article “Gender Benders Beware“, arguably Bindel’s most infamous and direct attack upon trans people.

The fact that I picked this up through Kennedy’s Facebook wall initially suggested that the statement was merely intended to appease the award organisers. However, a nearly identical statement from Bindel could also be found in a news article published yesterday. This was clearly intended as a public apology.

When DIVA contacted Bindel for a statement she said: “I apologise unreservedly for both the tone and content of my 2004 articles.”

The apology is significant because it’s a genuinely new development. Bindel previously apologised for the “tone” of “Gender Benders Beware” on a number of occasions following outrage from trans advocates. These seemed like weasel words: after all, the mocking tone of the article was undeniably offensive, but it was the content – which suggested that trans people should not be taken seriously and that trans women should be denied access to rape crisis services – that was truly dangerous. In contrast, Bindel clearly and explicitly puts a distance between herself and the article in her new statement(s).

Many will argue that this apology was made in bad faith, or say that it comes far too late, but I believe that we should take it quite seriously. I felt some disquiet when the European Diversity Awards protest was initially announced, as it felt like yet another round of Julie Bindel Does Something And We Protest. Yes, she undoubtedly started it, but the whole circus was getting quite tiresomely predictable. Bindel does something offensive (or is invited to speak somewhere, or is nominated for an award). We protest, because we’re sick of being told that we don’t count/don’t deserve liberation/don’t exist. Bindel then makes a fuss in the media and accuses us of bullying her. Some of us refute her arguments, whilst others make quite horrible personal attacks. And then before long, the whole cycle begins anew. Except, on this occasion, Bindel has not immediately lashed back at us. She has said sorry.

I’ve always taken part in this process, but I’d like to take this opportunity to step back and reassess our priorities. At the end of the day, I, like many other trans women, have a lot in common with Julie Bindel. We both object to the sexism found in every part of our society, and the imposition of binary gender norms. We’re both loud, proud and unashamed feminists, and have both slept with other women. That’s quite a lot to work with. I’d far rather concentrate upon marching alongside Bindel at Reclaim the Night than protesting against her latest escapade. Julie, if you’re reading this: please, let’s smash patriarchy together!

However, if this apology is to really mean something, Bindel must go that one step further and demonstrate a genuine commitment to her words. I notice that the Diva apology extends only to “2004 articles”, yet arguably more damaging pieces have since been used to argue against the provision of medical resources for transsexed people and gender-neutral facilities for genderqueer people. Facts have been warped and trans liberation has been ridiculed in articles such as “My Trans Mission” and “The Operation That Can Ruin Your Life“. Bindel has time and time again demonstrated a refusal to listen to our calls for gender liberation and our explanations of trans diversity. This matters a great deal, as such articles influence the perspective of both policymakers and feminist activists. They feed into feeling of self-loathing experienced by vulnerable trans people who come to realise that others hate them because of who they are. This has to stop.

I’m sure there will be some sad, cynical responses to this piece, but Julie: I’d like to have faith in you, and faith in your apology. I genuinely believe you have some level of understanding as to how your hurt us in 2004, otherwise you wouldn’t have bothered to say sorry (after all, why now? This is hardly the first such nomination or controversy). I’d like to believe that although we have at least few more rounds of mutual mistrust and anger to go, at some point in the future we can look back on this intervention and see it as something we productively built on together.

It’s 10:20am. I’m sitting on a train in Marylebone station, marvelling at my memories of the previous evening.

I attended (and contributed a DJ set to) Political: A Gender last night at London’s legendary Royal Vauxhall Tavern. The event was organised by trans/queer promoters The Cutlery Drawer as a one-off fundraiser for trans charity Gendered Intelligence. It featured music, poetry, comedy and cabaret performances from a staggering eleven acts – or thirteen, if you count myself and sound/lighting technician Jo – over seven hours.

One of the most inspiring aspects of this night was the fact that it was, essentially, a celebration of trans art. I choose the word “celebration” quite deliberately: there was a recognition of the pain we experience and the challenges we face, but the overall event was built around an ethos of joy. The whole atmosphere was immensely positive, with the audience receptive to a wide variety of styles and stories, and each performer giving their all. The night seemed something of an arty twin to the Trans* Education and Determination teach-in earlier this year, as many of us came together in a grand articulation of (trans)gendered embodiment.

This was no separatist event though. Our cis friends were very much invited to the party, and could be found both on-stage (in a minority of the acts) and throughout the audience. This celebration of trans culture was open to all, as our music and our comedy and our poems and our stories are relevant to all. Political: A Gender was predominantly about trans lives and trans experiences, but this meant that it was also about hope, love, loss, friendship, feminism, disability, race, resistance, menstruation, velociraptors and moles. I don’t think I met a single person who wasn’t enjoying themselves immensely.

It’s not often that we come together as a community on this scale. There are an increasing number of wonderful conferences, club nights and mini-festivals organised by hard-working and caring people, but they are still few and far between. There are even less events centred around our culture, our art, and this is a real pity. In art, we recognise the reality, the validity and the importance of our experiences. In art, trans lives are not merely worth surviving, but are worth enjoying. In art, trans people do not merely earn tolerance, but instead deserve celebration.

I don’t think I’ve ever experienced such joy as a member of the trans community as I did last night. I certainly hope it won’t be the last time I attend such an event. We must continue to create and to celebrate, and must never forget that we all have so much to offer to one another and to the world.

It’s not too late to save the NHS. A number of groups are recommending an unprecedented public lobby of the Lords in order to stop (or at least fundamentally alter) the bill.

The TUC have set up a page to help you do this: Adopt a Peer.

There is also a Facebook page with a fair bit of information.

“This is really important. I don’t think anyone has ever engaged en masse with members of the upper house on an issue like this before. They don’t have constituencies, and they can’t be voted out at an election. Nevertheless, many peers cherish their role in scrutinising bad legislation. They need to know there is a widespread dislike for these changes.”

- Christine Burns

*A grand total of four Liberal Democrat MPs voted against the bill. I can’t comprehend why anyone who cares about public services would ever want to vote Lib Dem again. May the party crash and burn come the next election.