Gender Recognition Certificates (GRC)

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Keywords

Gender Recognition Certificate, PACE Annex L5, GRC, Transgender, restrictions

Publication Number

PUB 1191

FOI Reference Number

FOI 15674

Request Title

15674 Police Officers - Gender Recognition Certificates (GRC)

Date Range

Correct as at 2021

Information Requested

a. How many officers serving in your force have a GRC (Gender Recognition Certificate)?

b. How many officers under your jurisdiction identify as transgender who do not hold a GRC?

c. Does your chief officer restrict police officers with a GRC who are legally recognised as female to carry out duties as described above in PACE Annex L5

d. Does your chief officer restrict the duties of officers who identity as transgender who do not hold a GRC?

Disclosure with Exemptions

Section 40(2) Personal Information. Section 44(1)(a) Prohibitons on disclosure (by virtue of Gender Recognition Act 2004 (legislation.gov.uk))

Information Correct as at

May 2021

Date of Disclosure

June 2021

FOI 15674 Response

Thank you for your enquiry which has been logged under the above reference and please accept our apologies in relation the delay you have experienced caused by increased demand and reduced resources.

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties on public authorities. Unless exemptions apply, the first duty at Section 1(1)(a) is to confirm or deny whether the information specified in a request is held. The second duty at Section 1(1)(b) is to disclose information that has been confirmed as being held. Where exemptions are relied upon Section 17 of FOIA requires that we provide the applicant with a notice which: a) states that fact b) specifies the exemption(s) in question and c) states (if that would not otherwise be apparent) why the exemption applies.

In respect of your enquiry:

a. How many officers serving in your force have a GRC (Gender Recognition Certificate)?

b. How many officers under your jurisdiction identify as transgender who do not hold a GRC?

c. Does your chief officer restrict police officers with a GRC who are legally recognised as female to carry out duties as described above in PACE Annex L5?

d. Does your chief officer restrict the duties of officers who identity as transgender who do not hold a GRC?

Having completed enquiries within Essex Police and in respect of Section 1(1)(a), Essex Police does hold information relating to your Question 3 and 4 of your request.

Does your chief officer restrict police officers with a GRC who are legally recognised as female to carry out duties as described above in PACE Annex L5?

Gender reassignment information is protected under the Gender Recognition Act, and disclosure to any other person should not be made. Guidance is provided by Stonewall pertaining to this area for searching & detention, overview, individual and manager.

I would like to reiterate that disclosure of gender reassignment information in any form is unlawful and therefore a criminal offence.

If an officer has declared that they have a GRC, then guidance and PACE legislation will be adhered to in line with the individual’s wishes in a confidential manner.

Does your chief officer restrict the duties of officers who identity as transgender who do not hold a GRC?

No. If an individual has requested an alternative or temporary change to their role, then wherever possible this will be accommodated, and the force will work with the individual to ensure that this is a smooth move.

In respect of points a and b, the information requested relates to sensitive personal information of living individuals, and numbers are likely to be low and potentially not accurate as it is not compulsory to declare your sexuality to your employer. Essex Police is exempt from disclosing information in accordance with Section 40(2) Personal Information, and s44(1)(a) Prohibitions on disclosure (by virtue of Gender Recognition Act 2004 (legislation.gov.uk))

Essex Police trusts that the links and information provided is of assistance.

Thank you for your interest in Essex Police.

The above request will be included within the Essex Police Publication scheme and you may find the following published article of interest EHRC on Compliance of PSED /Equality Policies.

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