Scotland - regulations for single sex toilets in schools?

[NonnyMouse1337]

Hi, might be a bit of a silly question, but I'm trying to look for specific info about any regulation or guideline for schools in Scotland to enable provisions for single sex toilets.

I've seen links to guidelines in England and Wales that says children over the age of 8 should be provided with separate, single sex toilets. However, I can't find anything similar for Scotland.
I found a WPUK webpage pointing to the Scottish Women site, but it seems protected for now.

I'm just trying to put together some notes on various topics for my own benefit, but will also feel more confident sharing with others if I have a direct link to support my arguments.

Thanks.

Is this any use?

www.gov.scot/publications/foi-19-00361/

Ach, sorry, that's in govt buildings. I'll see if I can find something on schools.

Point 15 page 8 of this maybe the only relevant regulation:

www.clacks.gov.uk/document/3058.pdf

This seems to be what is mentioned in this article and by Susan Sinclair of Scottish Women

www.scotsman.com/news/politics/mixed-sex-loos-in-scottish-schools-break-regulations-warn-campaigners-1-4995254

There has been some consultations on updating the regulations from what I can see, including considering gender neutral toilets. I don't know what other things have been happening and whether there are any other regulations.

www.gov.scot/publications/updating-school-premises-general-requirements-standards-scotland-regulations-1967-analysis/pages/4/

This is 1967 legislation referenced in some news articles. No idea if anything has superseded it since:

www.legislation.gov.uk/uksi/1967/1199/made

Relevant part here:

That's the 'The School Premises (General Requirements and Standards) (Scotland) Regulations 1967'

Referenced by Susan Sinclair in this article: www.scotsman.com/news/politics/mixed-sex-loos-in-scottish-schools-break-regulations-warn-campaigners-1-4995254

The regulations were last updated in 1979. In 2017 the Scottish Government ran a consultation with a view to amending the regulations. The latest on that was a consultation report published in 2018 noting that the majority of respondents rejected the suggestion of making all sanitary facilities mixed-sex.

So, if you're looking for the relevant, currently applicable regs, they're here.

The amendments are not relevant to sanitary regs apart from one paragraph stipulating that nurseries should have 1 toilet for every 10 pupils and that privacy should be ensured.

Ah, sorry, I see Scrimshaw already linked to the 1967 version.

That's great! Thanks a lot, ScrimshawTheSecond and ChickenonaMug. Although the consultation has taken place, I'm unsure as well if it has superseded the regulation from 1967.

I am DEFINITELY not a lawyer, but I would imagine if the sanitary regs haven't been subject to amendments they still stand?

Thanks for the explanation, CharlieParley. That helps make things clearer. I was scanning through the analysis of the consultation and didn't see any clear numbers or percentages of those who accepted or rejected making all facilities gender neutral. 🙁

At least there was opposition. Not sure how many parents were aware of the consultation.

I would imagine they would still stand as well, Scrimshaw. Not sure why a growing number of schools seem to be flouting the regulation. Well, I know why.... But you'd think there would be more sense ...

The consultation seems to have had far less than a hundred responses, including individuals, but the report does state majority rejection of mixed-sex facilities.

Nothing has happened since, so the 1967 regs have not been further amended since 1979.

They're flouting the regs because they've had a StoneLaw session with one of the usual orgs telling them they must let male children use female-only facilities.

They think it (at least in some cases) because the LGBT Youth Scotland guidance to schools says on p.18:

“ What the law says
There is no law in Scotland, or in the UK, which states that only people assigned male at birth can use men's toilets and changing rooms, or that only people assigned female can use women's toilets and changing rooms. Discrimination case law has established that transgender people who have started living in accordance with their gender identity must not be banned from using the facilities matching their gender identity.
As a guide, it is helpful to ask:

• Is the young person being treated with dignity and respect?
• Have you taken all reasonable steps to accommodate their needs?
• If the young person is being treated differently from their peers, is this at their own request?”

www.lgbtyouth.org.uk/media/1344/supporting-transgender-young-people.pdf

Is that LGBT youth guidance the one Scotgov said not to use?

Well it’s the one that the SG said was being rewritten because of valid concerns about it, and it is being rewritten (but seems to be the same groups involved) and then LGBTY Scotland put out the following statement so certainly some schools (including my daughter’s) are still following it.

www.lgbtyouth.org.uk/news/2019/an-update-on-our-guidance-for-schools/

Aha. I thought that they had withdrawn it. So, they just said it was rubbish but to keep using it, got it.

Yep.

Oh, I thought the guidance was meant to be withdrawn as well. Will need to keep an eye on that.

I’ve got a complaint in to the Children’s Commissioner about his endorsement of the guidance. They decided to treat it as a FOI request (though I’ve been told I will get a fuller response). They said they would respond by 11 Feb so looks like they are going right to deadline.

Oh, I lie.,just checked my email and my response was sent at 6:27 this evening. Am going to go read it...

Aha. I thought that they had withdrawn it. So, they just said it was rubbish but to keep using it, got it.

It's worse than that, Scrimshaw. The Scottish Government acknowledged in a public statement made by Shirley-Anne Somerville that the LGBT Youth guidance was a good faith attempt to meet the needs of pupils who identify as trans, but that its approach risked excluding female pupils from their own spaces.

So they acknowledged it could be harmful to girls, not that it was merely rubbish.

Furthermore, both the Scottish Government and the EHRC have said responsibility for using the guidance lies with individual schools. IOW, anything goes wrong, it's nothing to do with the people who have produced the guidance, and everything to do with those implementing it.

That's ice cold. So what if the Scottish Government hasn't ensured the legal compliance of this guidance (as is their duty with any and all guidance used in schools). It's not their fault if teachers use it and children are suffering as a result - the guidance is not law, they said, and no one is forcing schools to use it.

I see. Just girls, who cares. Got it.