Trans and non-binary inclusion policy statement

Updated 16 September 2022

Scope

This policy statement covers the measures we have in place to make sure we are inclusive for trans and non-binary people who we engage with in the course of our work. It covers members of the public and the people we regulate.

It sets out what you can expect from us in relation to how we communicate with you, how we keep your personal information confidential, our approach to diversity monitoring and what to do if you have a complaint.

We treat everybody with dignity and respect and have a zero-tolerance approach towards discrimination, harassment or bullying and will take all concerns raised seriously. This includes biphobic, homophobic and transphobic discrimination.

Terminology

We use the terms trans or transgender as an umbrella term for people whose gender identity is not the same as, or does not sit comfortably with, the sex they were registered at birth. We use the term in it broadest sense to respectfully include people who prefer to use other ways to describe their gender identity, including those who are non-binary.

We use the term non-binary to refer to those whose gender identity does not sit comfortably with 'man' or 'woman'. Non-binary identities are varied and can include people who identify with some aspects of binary identities, and others who reject them entirely.

We use the terms transition or transitioning to refer to the steps that a person may take to live in the gender with which they identify. Although we recognise that the term is not widely used now, we will use the term gender reassignment when referring to wording used in the Equality Act 2010.

How we communicate with you

We recognise everyone has a preferred way of describing themselves and hope you will let us know how you would like us to refer to you when we communicate with you.

We will do our best to use the correct pronouns and your preferred title and will not make assumptions about your gender identity when we talk to you over the phone or meet you in person. If we get it wrong, please tell us so we can put things right.

Our records

We collect information and keep records about the people we regulate and the people we are in contact with in the course of our work. We will treat any information that we receive about a person's trans status sensitively and in confidence. Read more about the information we collect and how we use it.

People we regulate can manage their own electronic records on mySRA and can make a change to their title and name. Everyone who makes a change to their name is required to provide evidence of the change, and we have provided guidance about the type of evidence we will need. This includes people changing their name to align with their gender identity, because they are transitioning or to reflect their non-binary identity. Read more about how to make a change to your records.

Diversity monitoring

We collect diversity data from the people we regulate and sometimes in surveys and questionnaires that we may ask you to complete. This helps us meet our public sector equality duties. We ask questions about the protected characteristics in the Equality Act and other characteristics which help us understand the diversity profile of the people we come across in our work, and this includes sex and gender identity.

Sex is a protected characteristic and legally a person has to be registered either as male or female. We recognise that not everyone is comfortable with the sex registered on their birth certificate, so we provide an additional option for people to self-describe.

We ask about gender identity using the question approved by the Office for National Statistics in the 2021 Census: 'Is your gender identity different from your sex registered at birth ' and where we can, offer the opportunity for people who answer yes to that question, to self-describe their gender identity.

This information is collected through our diversity data survey of law firms and through mySRA and will only be used to provide a broad picture of diversity in the profession.  We use the information provided to help us analyse our polices to make sure they promote equality of opportunity and do not unlawfully discriminate.

There is no requirement for a person to provide this information and when we ask these questions, we will always provide an option for people who prefer not to say.

What to do if things go wrong

We are committed to providing a high standard of service and to dealing with everyone fairly and equally. We understand that we may not always get it right and we will respond to any concerns you may have. Read more about how to raise a complaint with us.