Exploring existing data on gender identity and sexual orientation

• We conducted research into the extent to which existing data can meet users’ needs for information on gender identity and improved information on sexual orientation.

• Sexual orientation is currently collected on several social surveys by the Office for National Statistics (ONS) and other data collectors across government and wider; however, the sample sizes are not large enough to provide robust local-level estimates, which users require for service planning.

• Few surveys currently collect gender identity data, specifically information about those whose gender identity is different from their sex registered at birth; for those that do, it is a relatively new topic, so available statistics or data are limited.

• Our research shows there are no administrative data sources that can provide the required information on gender identity and sexual orientation; while there are some statistics available for specific sub-populations, these will not enable a reliable estimate for the population of England and Wales as a whole.

• These conclusions support the recommendation to add questions on these topics to Census 2021.

• This research adds to our understanding of the data that already exists around government and wider; this understanding also helps to inform our transformation of population, migration and social statistics, which aims to put administrative data at the core of our statistics.

The Office for National Statistics’ (ONS’) 2021 Census topic consultation for England and Wales identified a clear user need for information on gender identity, specifically a count of those whose gender identity is different from their sex registered at birth, and improved information on sexual orientation.

These were requested and have since been recommended as new topics for inclusion in Census 2021. The data are required to support policy development and service planning as well as equality monitoring.

The ONS has not previously collected information on gender identity. The ONS already collects sexual orientation data on the Annual Population Survey (APS) and Crime Survey for England and Wales (CSEW).¹

The 2021 Census: Gender identity research and testing plan (PDF, 799KB) noted that the census is not the only potential method for collecting data on gender identity. There was a commitment to undertake work to “identify alternative options for meeting the user requirement for data”. This work has focussed on investigating administrative data, along with a review of surveys collecting gender identity information.

The 2021 Census: Sexual identity research and testing plan (PDF, 517KB) included a commitment to undertake “a review of surveys including a question on sexual identity”. In line with the work on gender identity, the decision was later made to also investigate administrative data on sexual identity.¹

This report outlines the work we have done to identify and investigate existing data sources (administrative and surveys), across government and wider sources, as alternative options for the census for meeting the need for gender identity and sexual orientation information. We have reviewed the data against the extent to which they meet the specific user need for information on these topics. This work delivers on our commitments outlined earlier. It supports the decision to recommend gender identity and sexual orientation as topics for inclusion in Census 2021.

For futher information about the recommendations for Census 2021, please see the White Paper Help Shape Our Future: The 2021 Census of Population and Housing in England and Wales.

The collection of gender identity and sexual orientation data are developing areas. This work adds to our knowledge of the data that already exist across government and from wider sources. This understanding also helps to inform our transformation of population, migration and social statistics, which aims to put admininistrative data at the core of our statistics.

Notes for: Exploring options for gender identity and sexual orientation data

1. The terminology used in publications has since changed from “sexual identity” to “sexual orientation” to align with legislation (Equality Act 2010); sexual orientation is an umbrella concept that encapsulates sexual identity, behaviour and attraction.

The aims of our work were:

• to identify administrative data sources and social surveys collecting gender identity and sexual orientation data
• to assess the extent to which these sources could meet our user need for data on the topics
• to inform decisions on whether administrative data or social surveys could provide alternative options for the census for meeting users’ needs for gender identity and sexual orientation data

As part of addressing these aims, we have looked to understand and consider the challenges, including ethical and legal, of using administrative data and surveys to provide information on gender identity and sexual orientation.

Our research identified administrative data sources and social surveys collecting gender identity and sexual orientation data. The Office for National Statistics (ONS) Equalities data audit helped inform this. We also liaised with other government departments and other data collectors to understand what data they were collecting.

In identifying and accessing datsets for our research, we were mindful of legal concerns around collecting and using administrative data, such as the prohibitions on disclosure of information as set out by the Gender Recognition Act 2004, and ethical concerns around administrative data, such as consent and privacy.

For further information about how we ensured legal and ethical data access and sharing, see Annex 1.

User needs for topic information and setting out a criteria

We have conducted user engagement exercises to understand the need for sexual orientation and gender identity information, including a gender identity workshop and sexual identity workshop. For gender identity, our engagement showed that there was an overarching need for robust estimates of those whose gender identity is different to the sex they were registered at birth. For sexual orientation, we found that there was an overarching need for reliable estimates of sexual orientation as well as a need for local-level estimates and multivariate analysis to plan service provision.

We assessed the extent to which each identified dataset could meet users’ needs for information on the topics.

For gender identity, we evaluated each dataset against whether the information collected met our research definition for gender identity, covering those whose gender identity is different from the sex they were registered at birth. We also assessed each dataset against whether it could provide a reliable estimate of the population of England and Wales whose gender identity is different from the sex they were registered at birth.

For sexual orientation, we evaluated each dataset against whether:

• it could provide a reliable estimate of the population of England and Wales identifying as lesbian, gay, bisexual or any other sexual orientation other than heterosexual (LGB+)
• it could provide estimates of sexual orientation by local authority
• it would meet needs for cross tabulation of sexual orientation with other topics

A list of relevant terminology to be aware of for both of these topics in relation to this report can be found in Annex 2.

In this section, we explore social surveys and administrative data that capture information on gender identity and examine whether they could meet our users’ needs.

Further information about each dataset is available on request. Please email pop.info@ons.gov.uk.

Gender identity: social surveys

Gender identity information is not yet widely collected within social surveys. One reason for this may be that there is not currently a harmonised standard for collecting gender identity information. As part of the LGBT Action Plan, the Government Equalities Office (GEO), Office for National Statistics (ONS) and Government Statistical Service (GSS) are working together to develop a harmonised standard for collecting gender identity information. This will be freely shared across government, the wider public and private sectors.

Table 1 outlines social surveys that capture information related to gender identity.

Gender identity: administrative data

In this section, we explore social surveys and administrative data that capture information on sexual orientation and examine whether they could meet users’ needs.

Further, detailed information about each dataset is available on request. Please email pop.info@ons.gov.uk.

Sexual orientation: social surveys

There are Government Statistical Service (GSS) harmonised questions on sexual orientation available that are designed to collect data for use in social surveys. They were developed through wide consultation with stakeholders both within and outside government, including academics, non-governmental organisations, and lesbian, gay and bisexual groups. The questions differ between face-to-face interviews, telephone interviews and self-completion. The GSS harmonised question on sexual orientation for self-completion is:

Which of the following options best describes how you think of yourself?

• Heterosexual or Straight
• Gay or Lesbian
• Bisexual
• Other
• Prefer not to say

GSS Harmonisation are currently reviewing the implementation and suitability of this principle to ensure that it remains up to date. As part of this, they are keen to speak to users and producers of sexual orientation data across both surveys and administrative data sources. If this is something that you would be interested in taking part in, or if you have any questions regarding this topic, please email GSS Harmonisation.

The surveys in Table 3 either all use the current GSS standard for collecting sexual orientation data or essentially all collect comparable data. Their sample sizes, age ranges and geographies differ. These data sources meet our criteria in terms of including information on relevant categories of sexual orientation (they record a lesbian, bisexual, gay or other sexual orientation). However, Table 3 demonstrates why they would not meet our overall users’ needs when assessed against other criteria.

Sexual orientation: combining estimates from social surveys

If it were possible to combine local authority estimates from multiple surveys, it is likely any estimates would be unreliable as they would be sensitive to error from each survey.

Public Health England (PHE) released a report on a systematic approach to identifying and combining all relevant existing surveys and measurement tools to produce an aggregate estimate of sexual orientation at national level, broken down by socio-demographic and geographic variables. The report was published in 2017. The weighted average of the national survey data resulted in a synthesized estimate of the LGB+ population of England, broken down by socio-demographic and geographic variables. However, data at local authority level was not possible to obtain as data at this level of geography was not available from the main surveys.

Sexual orientation: administrative data

The Government Equalities Office (GEO) commissioned the largest ever survey to gather information about the experiences of lesbian, gay, bisexual and transgender (LGBT) people in the UK. This was launched in July 2017 and was open for 12 weeks. The National LGBT Survey results were published on 3 July 2018. Surveys such as these would still not meet our users’ need for data on gender identity and improved information on sexual orientation because the representativeness of the samples are unknown.  

Our research found that there are currently no existing data sources that can fully meet the user need for information on gender identity and improved information on sexual orientation. Essentially, existing sources are unable to meet the user need for one or more of the following reasons:

• the full and specific information our users require on each topic
• geography requirements – population coverage of England and Wales and statistical robustness at a subnational level (for example, local authority)
• age requirements – information on those who are aged 16 years and over

For gender identity, there are currently only a handful of social surveys collecting gender identity information. The Crime Survey for England and Wales (CSEW) is trialling the collection of data; however, as this is a relatively new question on the survey, no statistics are currently available. Information collected on other surveys does not meet the needs of our users as it would not be possible to identify all those whose gender identity is different from their sex registered at birth. Additionally, some administrative data, such as data captured by higher education providers and within sexual health services, would meet the user need definitionally. Data sources may also provide an insight into those accessing or engaging with specific services, for example, health care, prison, education and Gender Recognition Certificates (GRCs). However, this does not provide a full count of all the people in England and Wales who identify as a gender identity different from their sex registered at birth. As stated in the 2021 Census topic research update, this means that the user need cannot at present be met through the use of administrative data.

For sexual orientation, existing social surveys collecting sexual orientation are based on a sample of the general population. The sample sizes are not large enough to be able to produce reliable local authority estimates. One potential way to address this would be to pool data from one survey over time. For example, subnational sexual identity estimates were produced from a three-year Annual Population Survey (APS) pooled dataset. In this case, it was still not possible to publish estimates for local authorities where sample sizes were not considered robust enough. Alternatively, it may be possible to combine data from different surveys if information were available at local authority level. However, the reliability and robustness of estimates achieved via this approach should also be considered as should the consistency of each survey in what it is collecting. Further, administrative datasets that include sexual orientation primarily exist for health and education domains. These provide some relevant information on the sexual orientation of different sub-populations through accessing or engaging with services. The data sources do not meet the needs of our users mainly because they do not cover all those in England and Wales who identify as LGB+. Again, a further important factor is that they are unable to provide coverage at lower-level or small geographies. As noted in the 2021 Census topic research update, this means that the user need cannot be met by administrative data.

These conclusions support the recommendations to include gender identity and sexual orientation questions on Census 2021 for England and Wales.

There is increasing interest in collecting gender identity and sexual orientation information, particularly to inform policy and service planning and provision. Therefore, it is likely further sources of data will be available in the near future.

As part of the LGBT Action Plan, the Government Equalities Office (GEO), Office for National Statistics (ONS) and Government Statistical Service (GSS) are working together to develop a harmonised standard for collecting gender identity data. This will be freely shared across government, the wider public and private sectors. A harmonised standard for collecting sexual orientation information already exists.

Our exploration and evaluation of data sources has provided us with an in-depth knowledge of the information currently collected on gender identity and sexual orientation across government and from wider sources. Such understanding underpins the transformation of population, migration and social statistics, which aims to put administrative data at the core of statistics. We will continue to inform our topic and transformation work, by keeping up to date on new sources when they become available.

Both public and private organisations are able to share the information they hold with the Office for National Statistics (ONS) under provisions within the Statistics and Registration Service Act 2007. This means that the ONS can legally obtain access to administrative data relating to gender identity and sexual orientation for statistical purposes.

Nevertheless, before any such considerations, we would need to ensure that any collection is lawful and compliant with data protection legislation (including the General Data Protection Regulation (GDPR)) and that it does not breach any of the convention rights set out by the Human Rights Act 1998. Any information that the ONS collects can, by law, only be used to produce statistics or undertake statistical research, and it is a criminal offence for us to share or in any way disclose information about identified or identifiable individuals.

To ensure that our work is completed to the highest ethical standards, the UK Statistics Authority has established a robust ethical governance structure to provide transparent and timely ethical advice to the National Statistician. This includes:

• advice to ensure that the access, use and sharing of public data for research and statistical purposes must be ethical and for the public good
• the development of ethical principles
• a framework to enable researchers to self-assess their research against these ethical principles
• an independent, expert, ethics advisory committee in the form of the National Statistician’s Data Ethics Advisory Committee

In addition, expert user support is available to help researchers to identify and mitigate any ethical risks of their work.

Administrative data

Administrative data are data collected by other organisations’ administrative and management systems (including commercial organisations). These data will have initially been collected for the delivery of services or operational purposes rather than for statistical purposes. More information about the data the Office for National Statistics (ONS) uses to produce statistics can be found in our Statement of Administrative Sources.

Gender identity

In most cases, gender identity collected in the context of social surveys and administrative data is a personal internal perception of oneself. As such, the gender category with which a person identifies may not match the sex they were registered at birth.

In contrast, sex collected in the context of social surveys or administrative data sources is usually binary: male or female.

Gender reassignment

The protected characteristic of gender reassignment in the Equality Act 2010 refers to people who are proposing to undergo, are undergoing or have undergone a process (or part of a process) for the purpose of reassigning the person’s sex by changing physiological or other attributes of sex. It also includes people who are perceived to have this characteristic.

Government Statistical Service (GSS) harmonised questions on sexual orientation

There are Government Statistical Service (GSS) harmonised questions on sexual orientation available that are designed to collect data for use in social surveys. They were developed through wide consultation with stakeholders both within and outside government, including academics, non-governmental organisations, and lesbian, gay and bisexual groups. The questions differ between face-to-face interviews, telephone interviews and self-completion.

Note: The Government Statistical service harmonised principle previously labelled the question as “sexual identity”, but the output term was changed to “sexual orientation” in May 2018. This was to align with terminology used in legislation (Equality Act 2010). No changes were made to the question itself.

LGB+

“LGB+” is used to describe those who have a minority sexual orientation. This includes those who are lesbian, gay, bisexual or any other sexual orientation other than heterosexual.

LGBT

“LGBT” is an umbrella term to describe people who self-identify as lesbian, gay, bisexual or transgender or as having any other minority sexual orientation or gender identity.

Non-binary

Non-binary is an umbrella term for those who do not identify as male or female or who may identify with aspects of both male and female.

Sexual orientation

Sexual orientation is an umbrella term that encompasses sexual identity, attraction and behaviour. It is a subjective view of oneself and may change over time and in different contexts.

Trans

Throughout this report, we have widely used the word “trans” to describe all those whose gender identity is not the same as the sex they were registered at birth. Language around this topic is still emerging. This term is inclusive of a range of genders, for example:

• binary male or female genders when not the same as registered at birth
• non-binary genders such as those on a continuum between male and female
• non-gendered identities (neither male nor female)