Yup - that's it really. On a local women's rights group I'm on, I've heard that another school in our town has also done just the same thing. I'll be writing to complain. I imagine others who look at this forum might hear that the the same change has been introduced at their children's school over the next few days, so here is a copy of my letter. If anybody else is in this situation, feel free to use/adapt this template. Corrections also welcome.
I am writing to register my concerns about the changes to the ** School toilets that have been reported to me by my child. I have been informed that the single sex provision at the English Block and the Canteen Corridor have been converted into mixed sex provision, with further conversions underway. In this letter I am requesting further information in order to better understand the situation, as the only information I have received at present comes from a child.
I will state at the outset that I consider removing single-sex toilet provision and replacing it with mixed-sex provision, as appears to be the case here, to be detrimental to female pupils. It also risks breaking the law. The guidance in the Schools Premises Regulations (2012) is very clear. It states that schools must provide separate sex provision for children over eight. In June 2018, the Department of Education reissued guidance from the Department of Education on the responsibilities of school in relation to ‘gender separation’. Paragraph 13 clearly states:
It is permissible for toilet and boarding accommodation facilities to be separate as they are captured under existing statutory exceptions. Separate toilet and washing facilities must be provided for boys and girls aged 8 years and over pursuant to Regulation 4 of the School Premises (England) Regulations 2012, which falls within the exemption provided for in Schedule 22 of the Equality Act 2010.
Furthermore, as you will no doubt have noticed, the Attorney General, Suella Braverman provided further guidance to schools about toilets in her speech of 10 August 2022. She said: ‘Further, in law, there is a duty to provide separate single sex toilets, a breach of which would be unlawful under the School premises (England) Regulations 2012 and the Education (Independent School Standards) Regulations 2014.
In order that I can better understand the School’s actions and assess how it fits within the UK’s legal framework, I would be grateful if you could provide answers to the following questions:
- What is the toilet provision in the school and is it in line with the School Premises Regulations (2012) as outlined in the Department of Education guidance?
- Did the school consult with students, staff and parents about the proposed change?
- Did the school carry out an impact assessment (especially in relation to the protected characteristics of sex and religion) on the change as is required under the Equality Act?
If the school did carry out a consultation exercise and Impact Assessment, I would be grateful if you could share the documentation around these processes.
I look forward to hearing from you at your earliest convenience.