Day: February 22, 2025

Equality regulator informs Scottish Government and NHS Fife regarding staff access to single sex facilities

The Equality and Human Rights Commission has written to the Cabinet Secretary for Health and Social Care and NHS Fife, regarding access to single-sex changing facilities for NHS staff.

Baroness Kishwer Falkner, Chairwoman of the Equality and Human Rights Commission, said: “As Britain’s equality regulator, we promote and enforce compliance with the Equality Act 2010.

“Health bodies in Scotland, England and Wales must have an accurate understanding of the operation of the Equality Act as it relates to the provision of single-sex services and spaces.

“Today we reminded NHS Fife of their obligation to protect individuals from discrimination and harassment on the basis of protected characteristics, including sex, religion or belief and gender reassignment.

“Under the Public Sector Equality Duty, all Scottish health boards must assess how their policies and practices affect people with protected characteristics. We have requested that NHS Fife provide us with a copy of any equality impact assessment relating to the provision of changing facilities for staff; any information relevant to how such policies have been kept under review; and any details on steps taken to ensure that the rights of different groups are balanced in the application of these policies.

“We also highlighted that the Workplace (Health, Safety and Welfare) Regulations 1992 state that changing facilities will not be suitable “unless they include separate facilities for, or separate use of facilities by, men and women where necessary for reasons of propriety”.

The Health and Safety Executive have an Approved Code of Practice and guidance that NHS Boards can refer to.

“This week media reported on NHS Scotland’s forthcoming Guide to Transitioning, which the Scottish Government confirmed has been shared with health boards in preparation for its implementation. It is important that this guide, and all guidance, policies and practices which rely on it, faithfully reflect and comply with the Equality Act 2010. 

“We have asked to meet with the Cabinet Secretary to discuss the Scottish Government’s role in ensuring that NHS Scotland and other bodies meet their legal obligations under the Equality Act.”

Scottish government consults on ending the Universal Credit two-child cap

Views sought on flagship policy

The Scottish Government is launching a consultation on its plans to end the two-child cap on benefits.

Eradicating child poverty is the government’s top priority and ministers have committed to ending the limit by April 2026, or sooner if possible. The Child Poverty Action Group estimate that scrapping the two-child cap in Scotland could lift 15,000 children out of poverty. 

The consultation is seeking views from the public and stakeholders about the most effective ways to put systems in place to mitigate the effects of the two-child cap. It asks for views on questions such as whether Social Security Scotland should administer top-up payments.

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Social Justice Secretary Shirley-Anne Somerville said: “The UK Government has failed to scrap the two child cap despite it being a key driver of child poverty. In the face of such inaction the Scottish Government is determined to end the impact in Scotland. If we can safely get the systems up and running earlier than April 2026, then we will make our first payments earlier – helping to lift thousands more children out of poverty.

“We have launched a consultation calling for people to respond as we look to put the necessary systems in place to achieve our goal. We have made clear to the UK Government what is needed for us to end the impact of this policy and I would urge people and organisations across Scotland to contribute to make their views known.

“The draft 2025-26 budget continues to invest more than £3 billion to policies which tackle poverty and the cost of living for households – and I would hope that would command widespread support across Parliament.

“There is irrefutable evidence that the two child limit is increasing poverty and hardship across the UK. We have repeatedly called on the UK Government to end the two-child cap, and we have been just one of many voices saying the same thing. Until they do so, the Scottish Government will do everything in its power to mitigate the policy, which helps create child poverty.”

The consultation closes on April 18th 2025.