The "gender gap" in attainment is an issue in Scotland but is also an international phenomenon. In Scotland, this gap continues to be apparent as girls outperform boys in national examinations. This raises challenges for those working in schools and for policymakers in responding to this phenomenon. This article focuses on appraising critically the policy context of gender and, more specifically, attainment within Scotland from the perspective of the national education system, and from the perspective of Scotland being part of the UK, and consequently being subject to UK-wide and European legislation on equality. Attainment data is presented to set this phenomenon in a national and international context and serves to show that the gap is most significant for academically able boys, rather than all boys. The policy examined for this article suggests that the focus has been on "all" boys rather than considering which groups of boys and girls. In most recent policies in Scotland and the UK there appears to be a "gender blindness" with gender being subsumed into inclusion and diversity. The article concludes by raising some questions for those influencing and making policy if there is to be a deeper understanding of gender, the gender gap and how this is to inform practice.