Here is my FOI and the correspondence from the DfE:
Assessments for the standard door gaps being 5mm in secondary school toilet cubicles.
For secondary schools, the DfE now states a floor to ceiling toilet cubicle system shall be used for increased pupil privacy with a maximum gap of 5mm between the finished floor level and the bottom of the door and between the top of the door and the ceiling. This is the DfE standard to be adhered to unless stated otherwise as a specific requirement within the School Specific Brief.
I would like to make a freedom of information request for the equality impact assessments of 5mm door gaps in secondary school toilet cubicles for:
A) Pupils with diagnosed or undiagnosed disabilities and medical conditions: epilepsy, diabetes, heart conditions, POTS, and acquired brain injuries. In particular, given that a lack of oxygen can start damaging the brain within four minutes, the effect of rescue times and keeping these vulnerable pupils safe.
B) Female pupils, due to the higher sex-related crime incidences of sexual assaults and rape in schools. Serious assaults typically take place in private.
Similarly, I would like to request the risk assessments for 5mm door gaps in secondary school toilet cubicles for:
C) Pupils who are having medical emergencies such as strokes, mental health crises or seizures due to drug spikings or illness.
D) Emergency building evacuation times and rescue times.
E) Sanitation inside cubicles, in terms of disease spread, reduced ventilation and ability to wash floors and walls down thoroughly.
F) Crimes, such as drug dealing and drug taking.
DfE response:
I have dealt with your request under the Freedom of Information Act 2000.
Following a search of the Department’s paper and electronic records, I have established that the information you requested is not held by this Department.
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Thank you for your email of 26 March with the following, ‘Re: tel:2025-007119 2025-007119 - We have safeguarding concerns regarding the DfE standard design for secondary school toilets. Your response to the above FOI was that the information I requested is not held by this Department. My question is: who do I contact in order to get this information please? I am unhappy that I have had to request this as I need my FOI answered by the decision makers and would have thought you would have directed me to the relevant department’.
I’m sorry to read you are unhappy with the result of your FOI, however, I can only refer to the departments response to you dated 2 December 2024. For ease I have attached a copy of said reply.
In terms of health and safety in schools, all schools must adhere to the Health and Safety at Work etc. Act 1974. The employer in a school must take reasonable steps to ensure that staff and pupils are not exposed to risks to their health and safety.
The employer is required to ensure that a risk assessment is conducted and measures put in place to minimise any known risk. Employers, school staff and others also have a duty under common law to take care of pupils in the same way that a prudent parent would.
The employer in a school will vary depending on the type of school. For community, voluntary controlled, community special, and maintained nursery schools this is the local authority. For foundation schools, foundation special schools and voluntary aided schools the employer is the governing board. For academies and free schools, the employer is the governing board or academy trust and the proprietor is the employer in independent schools.
Schools must have a health and safety policy in place which the headteacher is responsible for implementing.
Furthermore, the department’s statutory guidance ‘Supporting Pupils with Medical Conditions at School’ (https://www.gov.uk/government/publications/supporting-pupils-at-school-with-medical-conditions--3) makes it clear to schools what is expected of them in taking reasonable steps to fulfil their legal obligations in relation to toilet facilities.
Any concerns about a school’s procedures should be raised directly with the school in question in the first instance as schools are autonomous institutions run by a governing body, with day-to-day operational decisions such as access to toilets during lessons, managed by the headteacher.
I hope this reply is helpful.
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December 2nd email:
Thank you for your email of 1 November about the use of toilets in secondary schools. May I apologise for the delay in responding to you.
I understand we replied to you on this matter previously on the 19 of August this year. The previous reply has been reviewed, and I have highlighted the key points below which currently stand/ apply.
Further to your email. Schools and colleges have a critical role to play in protecting children and keeping them safe. Keeping children safe in education’ (KCSIE) is statutory guidance that all schools and colleges must have regard to when carrying out their duties to safeguard and promote welfare of children.
The KCSIE guidance is very clear that best interests of children must always come first where there are any concerns action should be taken immediately.
Amongst other things, KCSIE sets out that safeguarding is everyone’s responsibility and that;
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- - All staff have a responsibility to provide a safe environment in which children can learn.
- - All staff should receive safeguarding training.
- - All staff should know what to do if they have a concern about a child.
- - All schools and colleges should have an effective child protection policy that also reflects the approach to child-on-child abuse, including: procedures to minimise the risk of it occurring; how allegations will be recorded, investigated and dealt with; clear process on victim and perpetrator support, clear statement that child on child abuse should never be tolerated or passed off as just part of growing up; and the different forms on child on child abuse can take.
The guidance has been further strengthened for 2022 – ensuring schools have even clearer guidance on how to deal with reports of sexual abuse. This revised guidance now includes the ‘sexual violence and sexual harassment advice ‘which puts it on a statutory footing to give the issue the prominence it deserves.
I hope this information and reply is helpful.
Once again, thank you again for reaching out to the department.