London Daily

Focus on the big picture.
Monday, Sep 07, 2026

People can self-identify as male or female in Scottish census, says guidance

People can self-identify as male or female in Scottish census, says guidance

Answer to sex question can differ from birth certificate, without need for gender recognition certificate, says NRS
People can answer the male or female question in Scotland’s 2022 census based on how they identify themselves rather than according to legal status, according to new guidance from the body responsible for the survey.

Issued by the National Records of Scotland (NRS) on Tuesday, the guidelines tell people to answer the sex question according to how they self-identify, regardless of the details on their birth certificate or whether they have a gender recognition certificate.

“If you are transgender the answer you give can be different from what is on your birth certificate,” they say. “You do not need a gender recognition certificate (GRC).

“If you are non-binary or you are not sure how to answer, you could use the sex registered on your official documents, such as your passport.” A person’s sex on their passport can be altered without a formal legal process.

The census, which was delayed for a year because of the pandemic, also includes a voluntary question about transgender status or history for the first time, for those aged 16 or over.

Similar guidance for the England, Wales and Northern Ireland census had to be changed weeks before the official day to complete it on 21 March after a high court challenge brought by the campaign group Fair Play for Women successfully argued the advice “conflated and confused” sex with gender identity.

Equalities groups in Scotland have argued that trans men and women should continue to be allowed to answer the compulsory sex question with the sex in which they live and identify, as they were in the 2011 census under previous guidelines.

Research undertaken for NRS suggests three times as many trans and non-binary people would be willing to answer the sex question with self-identification guidance.

Welcoming the decision, the manager of Scottish Trans Alliance, Vic Valentine, said intensive research and testing found that continuing with previous guidance gave the best data.

“This means trans people can answer the sex question in a way that best reflects how we live our day-to-day lives … This provides the most useful information about trans people – as we lawfully interact with public bodies, use services, and update our identity documents in this way.

“Where people want to know if there are any differences between trans people and the general population, the new question on trans status and history will allow this information to be separated out and compared. Most estimates place trans people as less than 1% of the population [and] including us in this way will have no impact on overall data quality.”

Lisa Mackenzie of the policy analyst collective Murray Blackburn Mackenzie, which first raised data quality concerns in January 2019, said the guidance represented “a de facto conflation” of sex and gender identity.

Mackenzie said: “Following a successful challenge brought earlier this year by campaign group Fair Play for Women in the English high court on similar guidance proposed for use in the census in England and Wales, the Office for National Statistics was forced to concede that ‘sex’ in the Census Act 1920 means simply ‘sex as recorded on a birth certificate or gender recognition certificate’.

“Alignment between UK censuses has already been compromised by the delay to the census in Scotland. It is difficult to see how the Scottish government can claim that their reframing of the sex question in the 2022 Scottish census is compatible with the Census Act 1920.”
Newsletter

Related Articles

0:00
0:00
Close
University of Bristol Opens £500 Million Innovation Campus
Families Give Evidence to Independent Review of Sussex Maternity Failures
Sweden Confirms Deportation of 458 British Citizens Over Post-Brexit Residency Rules
UK Launches £3 Million Challenge for Long-Duration Energy Storage
Reform UK Proposes £100 Billion in Spending Cuts and Brownfield Deregulation
Andy Burnham Warns Macron That EU Procurement Rules Could Hurt British Steel
Andy Burnham Faces Major Decision on Future North Sea Oil and Gas Drilling
SEND Support in England Projected to Reach One in 10 Pupils
England’s Housing Courts Struggle With Surge in No-Fault Eviction Cases
Violent Clashes Erupt in Portsmouth During Protest Against Asylum Processing
Three-Quarters of NHS Emergency Staff Report Regular Violence or Aggression
UK Considers Converting Female Prison Space for Male Inmates as Overcrowding Worsens
UK House Prices Record First Annual Decline in Nearly Three Years
UK Government Reassesses Policy Toward Israel Amid Calls for Diplomatic Shift
Reform UK Faces Police Scrutiny Over Alleged Foreign Donations Scheme
University of Bristol Opens £500 Million Temple Quarter Enterprise Campus
Online Bookmakers Accused of Privacy Breaches Through Cookie Consent Practices
Health Campaigners Urge UK Government to Abandon U.S. Pharmaceutical Agreement
Three-Quarters of UK A&E Staff Report Regular Violence or Aggression
Far-Right Demonstrations Target Portsmouth as Small-Boat Crossings Fuel Tensions
UK Records Hottest Summer on Record After Severe Heatwaves
UK Travellers Face Renewed EU Border Delays as Temporary Flexibility Ends
UK Rejects Calls to Pause AI Data Centre Expansion Despite Energy Concerns
UK Defence Figures Push for 3% Spending Target Amid Falklands Concerns
England Faces Rising Financial Pressure as Special Educational Needs Plans Surge
Metropolitan Police Consider Reform UK Probe Over Overseas Donations
Keir Starmer to Leave Parliament, Triggering By-Election
UK Treasury Weighs Windfall Taxes on Banks and Oil Companies Amid Bond Market Turmoil
Jaguar Land Rover to Cut Thousands of Jobs as UK Government Rules Out Bailout
OpenAI Unveils GPT-6 and Says: "We May Already Have Reached AGI"
Congressman Accused Andrew of Sex Crimes in the United States
Donald Trump: "I'm Glad Harry and Meghan Left the United States"
Spicy Food Is Linked to Lower Death Risk — but It Is Not a Miracle Cure
AfD Enters Saxony-Anhalt Election at 41% in Historic Test for German Politics
Gen Z Turns to Investing as America's First-Home Dream Moves Further Out of Reach
Thousands Join London March Calling for Tighter Abortion Restrictions
Institute of Directors Says Tax and Regulatory Uncertainty Still Weighs on UK Investment
Bank of England Faces Rate Dilemma as Weak Growth and Persistent Inflation Raise Stagflation Risks
Masked Anti-Immigration Protesters Block Roads to Port of Dover
Prime Minister Andy Burnham Sets Out Devolution and Re-Industrialisation Agenda
British Chambers of Commerce Forecasts UK Growth of Just 1% Through 2027
UK Government Advances Bill to Tighten Rules on Overseas Political Donations
Nigel Farage Faces Scrutiny Over Alleged Reform UK Donation-Law Evasion
Thousands Join Anti-Abortion March Through Central London
UK Beekeepers Call for Nationwide Tracking as Asian Hornet Sightings Increase
England Sees Sharp Rise in Property Subsidence Claims After Record Summer Heat
House of Lords Advances Financial Services Reform Bill
House of Lords Begins Detailed Scrutiny of Railways Bill and Great British Railways Plan
UK Treasury Cuts Green Book Discount Rate to Support More Regional Infrastructure Projects
Reform UK Suspends Two Senior Aides After Undercover Report on Foreign Donation Rules
×