Will primary schools separate changing rooms and dormitories by biological sex?

[Ljcrow]

Does anyone know if primary schools will now have to segregate by biological sex when it comes to swimming changing rooms and dormitory rooms on residentials, rather than gender identity? My daughter will go into year 5 in Sept and these issues are currently at the forefront of my mind as one of her peers identifies as a girl. I have Googled it but it's not very clear...
Thanks in advance.

My understanding of the Supreme Court ruling is that they will have to provide separate facilities for male and female children, and that biological sex will determine which of the facilities each child uses. If Bridget Phillipson had done her job properly, the EHRC guidance would have been published and everyone would be clearer.

The draft Keeping Children Safe in Education document for September says that toilets should be separate sex from age 8, no child over the age of 11 should be forced to change in front of a child of the opposite sex, and that no child should share overnight accommodation with a child of the opposite sex.

https://consult.education.gov.uk/independent-education-and-school-safeguarding-division/keeping-children-safe-in-education-2026-revisions/supporting_documents/keeping_children_safe_in_education_2026_draft_for_consultationpdf-1

I think it is the case that from the age of 8 school toilet and changing facilities must be single sex and that goes for dormitories on school tripis too. This has always been the case.

Which is what it always was and, afaik, never actually changed.

Certainly the policy we’ve always run.

There’s a dad on this forum who has worked very hard to get his daughter’s school to exclude trans identified males from her changing rooms. In theory, the rules are clear - no males allowed. In practice, some schools have pushed a different interpretation of the rules and the process is ongoing.
@LjcrowI suggest that you follow the ‘Single Sex Changing Rooms in Brighton Schools’ for more info, and if you decide to raise this with your school get good advice first. Good luck.

@Ljcrow the draft keeping children safe in education linked by Noble will be statutory in September.

What should happen is that the school follows it as it’s statutory, even the ‘shoulds.’

So as of September there should be no issue.

If there is you can write to the head and governors and query it, moving onto Ofsted if they refuse to follow it.

Not following statutory safeguarding is an automatic Ofsted fail so you should be fine.

Absolutely. This should have been happening for always and at minimum for the last year.

It’s really good that it says “must” in the clips Noble has posted, as if they do allow mixed sex, it’s breaking the law.

Worth pointing out that the document I’ve linked to is currently being consulted on, with feedback requested by 22nd April so if you are keen that those prohibitions remain in the final document, responding to the consultation with enthusiastic approval for those bits might be worth five minutes of your time.

https://consult.education.gov.uk/independent-education-and-school-safeguarding-division/keeping-children-safe-in-education-2026-revisions/

Not following statutory safeguarding is an automatic Ofsted fail so you should be fine.

From memory, although I accept I may be wrong, Ofsted wasn't interested in the refusal to follow statutory guidance at the Brighton school. I'm pretty sure the Dad just got a holding statement from them.

If kcsie goes through as the draft sets out, as those screenshots describe, I can’t see how or why Ofsted would turn a blind eye.

If they do unfortunately parents are going to have to turn to legal routes, but it essentially means that the statutory safeguarding document that all schools must follow, isn’t worth the paper it’s written on. I was surprised to see all the gender guidelines actually within KCSiE, but it makes sense if you actually want them to be followed. Previously separate sex changing rooms wasn’t explicitly mentioned in kcsie.

I fail to see how anything in the document is water tight safeguarding wise if that specific part isn’t followed. The new Ofsted reports have a whole section on safeguarding and parents have to give their views to Ofsted too. I would expect that they use this. (And not flunk out worrying about house prices as I’ve heard happens in some areas.)

Obviously that’s all as it should work.

Where we may have to be cautious is if schools and other services are granted a year to make the necessary changes - which is ridiculous as it’s the law as it stands.

I imagine a lot of plumbers will be busy over the school holidays.

Thanks everyone for the info & advice!

@Ljcrowif you wish to raise a complaint with the school, make sure you go through all their complaints procedures as they set out in their policies.

Make sure you’ve got email receipts at all stages.

Ofsted is the final step once school complaint procedures have been followed.

(Some schools are more open and self reflective/ understand safeguarding/ have a clearer complaints policy than others.)

It would also be worth writing to the governors asking for clarity, referencing all the points made above and reminding them that they do have statutory obligations around safeguarding.
https://www.gov.uk/government/publications/maintained-schools-governance-guide/maintained-schools-governance-guide
.

Personally I would advise against contacting the governors at this stage because there are likely to be steps within the complaints process that cover when and how this should be done.

Unfortunately though, even if you do follow the complaints process, if a school is determined to keep ignoring statutory obligations there may be nothing up the chain that will stop them from doing so. Including the DfE and Ofsted. In that case, all you can do is follow every step and keep a record - then it's a choice of a) do nothing (which might be right for some people, depending on multiple factors) b) try and get press awareness (if the school's behaviour is bad enough) or c) take legal advice and possibly legal action. Obviously b and c could be done together.

Hopefully this school will behave reasonably and it won't get that far 🤞

Yes - unfortunately you have to follow the process the school sets out in their polices.

You keep going higher if unsatisfied.

If you get as high as DfE and Ofsted and are still not satisfied, you then will have evidence the safeguarding processes aren’t working in which case contacting someone at Bayswater or Safe schools alliance is the only real recourse. Or a lawyer.

contacting someone at Bayswater or Safe schools alliance is the only real recourse.

Good point. I guess that's option d. Which may potentially point towards press and/or legal action.

Sadly there seems to be some kind of Accountability Pass the Parcel going on in some cases. It really is going to depend on how determined a school is to keep ignoring current statutory legislation. Everyone in the accountability chain can defer to someone else within it: heads and DSLs are supposedly held to account by governors, who are supposedly held to account by the DfE and Ofsted. The DfE and Ofsted will say that schools and their governors are accountable for how the school is run, including its compliance with the law.... and round the parcel goes, as if someone forgot to stop the music.

Ours does now and always has, despite some parents lobbying for gender neutral arrangements (although they’ve definitely stopped doing this so vociferously over the last two years). Toilets, changing rooms and sleep away arrangements always segregated. State school in a gentrified inner city borough.

@LjcrowI was wondering if you had approached the HT via e-mail and asked on the school's position and any safeguarding assessments for if provision was (incorrectly) mixed? I cant see if you have or if you were concerned about the potential issue x

No not yet. Funnily enough I'm seeing the Head today about another issue so was planning to bring it up then.

thank you @Bluebootsgreenboots -

https://www.mumsnet.com/talk/womens_rights/5507367-mixed-sex-changing-rooms-in-a-brighton-secondary-school-part-3-were-really-cooking-now?page=1

if you are interested @Ljcrow

I strongly suggest, by my own experience, that whatever he says, you ask for it to be written down in an email subsequently.

Lets say I went round the houses, in fact every house on the block and they all said "not my problem guv"

Head
SLT
Governors
LADO
DFE
local councillors
Council
MP
health and safety
the schools insurers

a load of others

turns out the professionals - are not - and they actually don't care.