Schools toilet policy

[WelshMoth]

Still getting messages that pupils can use the toilet of their choice.

In a 11-18 school (or any school), this isn’t lawful is it? We have allocated gender neutral toilets (quite rightly so) but the other toilets should be single sex shouldn’t they?

Getting annoyed as the policy is peppered with cis and afab/amab and a claim that trans people are more likely to be victims of violent crime and murder than ‘cisgendered’ people. This is a policy drawn up by the student body and I’m uncomfortable that we as staff are meant to sign it.

I’m 100% in support of the LGBT+ community in this school but the wording has to be lawful, doesn’t it?

Why are students writing the bathroom policy? Have they been given any guidance on the law?

I think I would have to send it back and say that this guidance breaks equality law and needs to be redone.

If they want gender neutral toilets then they need to be floor to ceiling fully enclosed with toilet and sink.

If the bathrooms are made of cubicles and then sinks outside of the cubicle, they must be single sex (sex assigned at birth).

Yes, and that’s a teaching experience for your students. It needs to be sent back to the student body with an explanation that this policy cannot be adopted because it breaks equalities law.

Do you do A level law? Or GCSE? Good project for them.

Thank you.

Yes, we have 6 gender neutral toilets that meet all requirements. But, the rest of the facilities dotted around the site are as you say.

Good point. Yes - we run those. I’m very surprised if I’m the only member of staff to flag this up too!

What has your leadership had to say about it? Where the students invited to feed in to the work or something else? Its very bizarre.

I presume you're with a union? Even if there aren't any reps at school, ring your local branch. For me personally, the fact that toilet provision (something that falls under H&S, the EA and safeguarding) is being led by students is a bit of a red flag and I'd be wanting advice from my union before doing/ signing anything!

Thank you. Yes - I’ve already spoken to my Union rep who bizarrely sees no red flags here. I’ve emailed my lead on SLT to query this too.

who runs the school if students are writing policy and staff are expected to sign off on it!?!

Absolutely get them involved in the process, but any policy must be owned by the relevant senior person or team - SLT / Head / Governors are the typical three homes for policies...

Have a think around where legal liability will sit and there is your ownership.
There is plenty of info on here about the legal requirements, but it does sound as though the policy is not meeting them and the priority is to make sure that ownership / process and outcome are sorted...

Join an appropriate union like FSU first, to protect yourself.

• Request the school leadership or governing body to provide a copy of the policy and official guidance or legal basis for their language and provisions.
• Highlight existing legal requirements (based on biological sex, separate facilities, EHRC interim guidance) and express concerns about ideological language that is not legally supported.
• If unsatisfied, escalate concerns to:

The school board or governors;
Local education authority;
Education regulatory bodies (e.g., Ofsted);
EHRC

Another idea is to shoutout to Let Women Speak locals - if there are mothers near your school, they can setup a group near the school and hand out information to parents so they know what is happening.

This is legal (as I know you know!) if any help at all, NI are acting quickly on this

https://x.com/journalismseen/status/1964956442202665205?s=46&t=A2fpFNgDRyXF2d6ye97wEA

<a class="break-all" href="https://archive.ph/2025.09.08-094714/www.newsletter.co.uk/news/opinion/columnists/paul-givan-i-have-ordered-the-immediate-removal-of-trans-guidance-for-schools-in-northern-ireland-5306488" rel="nofollow" target="_blank">https://archive.ph/2025.09.08-094714/www.newsletter.co.uk/news/opinion/columnists/paul-givan-i-have-ordered-the-immediate-removal-of-trans-guidance-for-schools-in-northern-ireland-5306488

BP needs to do the same!

If your union is the NEU it is totally captured and you may find they may not be supportive of you in questioning this. Also, as your username is WelshMoth, are you in Wales? Welsh Govt have facilitated this mess and seems happy to let this kind of thing continue. Sorry, not much help but I suspect your approach to SLT is the way to go.

I really don't agree with that statement.

Whilst there maybe some lay members/ branches who are overly supportive of trans rights, that does not mean there wouldn't be the support, especially from paid staff members.

I would hope you are right.

Why the 🙊@!* 🤪 is are the adults allowing children to write policy?

What are the adults thinking to allow this?

The law stands at single sex only for block provision.

https://www.legislation.gov.uk/uksi/1999/2/introduction/made

The school have an obligation to protect children from themselves.

I would say write that you have reviewed it and are not signing it.

That you as a member of the school staff have a legal obligation to follow the law.

You have take a view that such an action is taking on personal liability for the breaches of legislation and the lack of regard for the schools lack of safeguarding.

The policy as proposed is unlawfull and as which staff being asked to ratify a policy which can result in unlawful acts and leave you personally exposed in a civil action.

If the management decide that your role obliges you to participate in the approval or implementation process then you want the school to provide you with an indemnity for any and all costs associted with the change in role.

That gets you out of the whole drama of being "transphobic" and may get others to think about what they are actually taking onboard by signing policy as its taking ownership of the bad outcomes

there are certainly many reps who are sex realists. It’s just v hard to know who is or who is completely clueless. The TRAs are easy to spot!

Not surprised from a Union unfortunately

Thanks everyone.
Yes, I’m in Wales.
It’s being passed off as ‘staff training’ that we must sign in order to prove that we have undergone the LGBT+ training but it’s titled as Staff Policy on LGBT+.

It has some really pertinent points re making our lessons inclusive to include all types of family dynamics, homophobic and transphobic bullying, but the toilets clause and the throwing around of stats to demonstrate how the trans community are victims is throwing me a little as well as the very frequent use of cis. It’s also concerning me that we are being instructed to use pronouns of the pupils choice even if the parents aren’t aware, unless parents are present in which case, we revert to what’s officially on record.

You have to put a stop to this NOW.

Toilets: The law is clear — schools must provide single-sex toilets for pupils over 8 (Education (School Premises) Regulations 1999; Welsh regs are the same). Gender-neutral toilets can be provided in addition, but not instead of single-sex. “Use whichever you like” is unlawful.

Pronouns / secrecy from parents: KCSIE (2024) is explicit — schools should not conceal information from parents unless there’s a clear safeguarding risk. Telling staff to use one set of pronouns with parents and another behind their back is not allowed.

Policy wording: “Cis/AFAB/AMAB” are contested political terms, not legal categories. Staff cannot be compelled to adopt them. Schools must remain politically impartial under the Education Act.

Stats about violence: Irrelevant to school toilets, and misleading when inserted into a safeguarding policy. The Equality Act protects everyone from bullying — no group gets special treatment outside the law.

Safeguarding: Mixing male and female pupils in toilets/changing rooms puts girls at risk of loss of dignity, privacy and safeguarding failures. This is the opposite of what KCSIE requires.

Staff signatures: Forcing staff to “sign” a student-written policy that contradicts the law has no legal basis. If anything, it puts staff personally at risk of breaching their statutory duties.

In short: keep the good parts (anti-bullying, inclusive families) but bin the illegal/unlawful clauses.

The policy of automatic affirmation and not making parents aware comes from Welsh LAs and also the WG LGBTQ+ Action Plan. The Wales Centre for Public Policy produced, in January 2025, a Rapid Evidence Review to inform guidance for schools to support trans young people. It was based mainly on 'research' from the US and dismissed the Cass Review in one sentence. Affirmation all the way. Totally biased with no consideration of safeguarding or the requirements for single sex facilities which has since been emphasised by the Supreme Court judgement in April.
Well done for taking your concerns forward WelshMoth and good luck 💪

I am a (mercifully retired) member. Afaik the NEU is fully paid up TWAW.

It’s so tricky. When the WAG are facilitating this, it feels almost impossible to challenge. How can a government bend this around law? I don’t get it.

Agreed. It's a very big job for one person to take on. I think alerting SLT to SC judgement and safeguarding concerns would be a start at least.

Politely, in a rush dog walking, It’s not tricky and it’s not impossible to challenge. You have the law, facts and child safgeuardi g on your side. You can and indeed must challenge it.