Scottish schools to convert gender-neutral toilets to single-sex
At least 18 schools across Scotland that previously offered only gender-neutral toilets are to create single-sex facilities following a legal ruling.The schools in Aberdeenshire, Argyll and Bute, Scottish Borders and Shetland plan to change provision by adding separate bathrooms for boys and girls.In April, a judge ordered that Scottish schools must provide single-sex toilets for pupils, days after the Supreme Court ruled that a woman is defined by biological sex under equalities law.The Scottish government said that local authorities have statutory responsibility for the school estate, including the provision of toilets.
Most schools in Scotland offer at least some form of gender neutral bathrooms, but the vast majority also have single-sex provision.The rules around gender provision in school toilets have not been updated in almost 60 years since the School Premises (General Requirements and Standards) (Scotland) Regulations 1967 came into force.
Figures obtained by BBC Scotland News by freedom of information requests found 52 schools across 11 council areas offered only gender-neutral toilets.Of those, 10 are located in Shetland, however its local authority said it now plans to provide separate facilities.Scottish Borders, Aberdeenshire and Argyll and Bute councils are also adding separate provision.Seven councils are yet to confirm whether their schools will comply with the ruling.
In April, a couple from the Borders took their local authority to court over the installation of only gender-neutral toilets at the new Earlston Primary School.The judge ruled that mixed-sex schools must have single-sex toilets, but they can have gender neutral toilets in addition to that.The council conceded that they had a legal obligation to provide male and female facilities at a hearing at the Court of Session in Edinburgh.The following week, East Lothian Council said children in two of their primary schools with gender neutral toilets would be directed to use separate facilities in future.
What are other councils doing?
Dumfries and Galloway Council said its legal team was considering its position in relation to the court ruling before deciding how to respond.Meanwhile, City of Edinburgh Council said it was "considering what changes may need to be made" and would provide an update over the summer.Five other councils - Clackmannanshire, East Ayrshire, North Ayrshire, Midlothian and Perth and Kinross - all confirmed they had at least one school in their area which offered no single-sex facilities.They did not provide an update on any changes to provision since then.South Ayrshire, Moray, Stirling and South Lanarkshire councils said none of their schools offered any gender-neutral provision.
Ministers are considering the separate implications of the Supreme Court judgement on the definition of sex, and whether any changes will have to be made to toilet provisions based on that.In May, the Scottish Secondary Teachers Association called on the Scottish government to urgently publish new guidance on how schools should deal with single-sex spaces.
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