Updates to materials using the term Sex.

Date published: 03/07/2025

Thank you for your request for information 20/06/2025, received on 20/06/2025.

You asked SQA for the following information:

Under the Freedom of Information (Scotland) Act 2002, I am requesting the following information:

1    Has the Scottish Qualifications Authority (SQA) reviewed or updated any curriculum materials, assessment guidance, policy documents, or equality statements in response to the UK Supreme Court ruling of 16 April 2025, which clarified that the term “sex” in the Equality Act 2010 refers to biological sex?

2    Please confirm whether any updates have been made to:

• RSHP (Relationships, Sexual Health and Parenthood) content
• Equality, diversity and inclusion guidance for schools or examiners
• Curriculum materials relating to sex education, health and wellbeing, or PSHE
• Staff training or internal guidance materials referencing sex and gender

3    If updates have been made, please provide copies of the revised documents or a summary of the changes.

4    If no updates have been made, please confirm:

• Whether SQA intends to revise any guidance or content
• Whether any current materials imply that gender identity is legally interchangeable with sex

1     Has the Scottish Qualifications Authority (SQA) reviewed or updated any curriculum materials, assessment guidance, policy documents, or equality statements in response to the UK Supreme Court ruling of 16 April 2025, which clarified that the term “sex” in the Equality Act 2010 refers to biological sex?

SQA has not reviewed or updated any curriculum materials, assessment guidance, policy documents or equality statements in response to the Supreme Court ruling.

SQA has been clear in our processing of data and use of language that reference to ‘sex’ under the Equality Act 2010 refers to biological sex.

This remains unchanged.

2    Please confirm whether any updates have been made to:

• RSHP (Relationships, Sexual Health and Parenthood) content

The content of this is out with the remit of the SQA

• Equality, diversity and inclusion guidance for schools or examiners

We do not produce guidance on this to schools. This is the responsibility of the individual local authorities or the independent school boards.

SQA appointees are not required to handle equality data relating to a learner’s sex.

• Curriculum materials relating to sex education, health and wellbeing, or PSHE

The content of this is out with the remit of the SQA

• Staff training or internal guidance materials referencing sex and gender

There have been no updates to this.

3    If updates have been made, please provide copies of the revised documents or a summary of the changes.

As no updates have been made, there is no information relating to the request.

4    If no updates have been made, please confirm:

• Whether SQA intends to revise any guidance or content

There is no requirement to update in relation to clarification of sex and gender, as explained in question 1. Any further  revision of other guidance or content will depend on the outcome of the EHRC Code of Practice consultation.

• Whether any current materials imply that gender identity is legally interchangeable with sex

As stated in our response to question 1, any reference to ‘sex’ refers to biological sex.