Help me understand the law on single sex toilets in schools

[Meltedwellie]

Hi, firstly can I say thank you to all the knowledgeable posters on here. I usually lurk and read a lot.
I've been trying to use some links to find out what the position is on allowing a transgender child into female toilets ( in England if this makes a difference). My daughter hasn't started there yet but I have heard that the local senior school allows a boy to use the girls toilets. All I have found is that there is guidance saying boys and girls should have separate toilets and that they are allowed to have single sex spaces but I can't find anything saying it is against the law to allow transgender kids to use whatever toilet they wish if the school thinks this is a wonderful idea, which it seems to do. This nonsense and the simpering "be kind" boils my piss. What about being kind to the girls?

Having an early night now but will check back in the morning 😊

I Am Not A Lawyer but... as I understand it there are a few different interpretations of the law in this area, I think driven by the fact that it suits some people to sow as much confusion as possible about what words like 'woman', 'sex' and 'gender' mean in law. The Equality and Human Rights Commission is supposed to be issuing some guidance. They haven't yet.

A lot of schools are relying on guidance which has been issued by trans advocacy organisations, and taken on trust by councils and schools, which promotes the claim that trans children should use the toilets changing rooms or dormitories of their 'true gender identity' and that it is against the law to exclude them. (I'm not sure what this is supposed to mean for those who identify as non-binary or any of the other possible genders we hear about. This could mean building a lot of new toilets if schools took this literally.)

However the equality act has clear provisions that make single sex arrangements lawful in scenarios (such as accommodation) where it is a proportionate means to a legitimate end. This doesn't make it against the law for a school to eg allow mixed sex toilet arrangements to accommodate a trans child, but it does mean it's perfectly legal for eg toilets to be single sex.

This document from Sex Matters is very useful:
sex-matters.org/wp-content/uploads/2021/06/Boys-and-Girls-and-the-Equality-Act-May-2021-England-and-Wales.pdf

I'd suggest contacting the school to ask what their policy is and how they've reached it. Safe Schools Alliance have a letter template;
safeschoolsallianceuk.net/resources-2/letter-templates/#Single-sex_facilities_in_schools_letter

They may be following guidance at Council level - it seems like these 'trans inclusion toolkits' are in place in a lot of places. They're based on a template provided by a trans advocacy organisation, and I think often have been waved through without any real reflection about the consequences. Schools are in the awful position of having to implement a completely unworkable policy that sets aside safeguarding principles and puts children, including trans children, at risk.

In Oxfordshire a schoolgirl brought a legal challenge against the council's 'Trans inclusion toolkit' on the basis that her rights were breached by a policy that allowed males to use the girls toilets.

The council withdrew the guidance, and toolkits based on the same template have been withdrawn in other council areas since. safeschoolsallianceuk.net/get-involved/lea-schools-trans-guidance/

• *[edited by MNHQ to remove crowdfunding link] **

News story about the case

Here's the 'letter before action' that was sent to Oxfordshire County Council.

Oh, I hadn't realised the ban on links to crowdfunders would extend to ones which are closed. Shame - there is a very useful summary of the case on the page. There's more info here: safeschoolsallianceuk.net/legal-action-against-oxfordshire-county-council/

Health & Safety rules, the schools regulations I will link below (I forget exactly what this is called, sorry) and building regulations all say toilets should be segregated by sex:

ISS Regulation 23A — (1) Subject to sub-paragraph (2), the standard in this paragraph is met if the proprietor ensures that—
a) suitable toilet and washing facilities are provided for the sole use of pupils;
b) separate toilet facilities for boys and girls aged 8 years or over are provided except where the toilet facility is provided in a room that can be secured from the inside and that is intended for use by one pupil at a time; and
c) suitable changing accommodation and showers are provided for pupils aged 11 years or over at the start of the school year who receive physical education

School Premises Regulations 2012

Page 5 of this doc. assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/410294/Advice_on_standards_for_school_premises.pdf

Thank you so much. This is exactly the kind of info I was looking for.