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Feminism: Sex and gender discussions

Are lunchtime unisex toilets in a primary school legally compliant?

61 replies

TheFeministGovernor · 30/06/2026 15:03

The primary school I govern at was built with unisex toilets. Over time, some toilets have been changed to be boys / girls only, although they do open into a communal sinks area. There is at least a side for boys and a side for girls in most toilet blocks.

As far as I understand it, this complies with legislation, as whilst unisex facilities exist somewhere in the school, the option to use single-sex facilities is also available for all children over the age of 8.

However, at lunchtime, children have access to a restricted number of toilets - for absolutely common sense reasons (namely: not allowing children to maurad throughout the entire school without supervision). However, at lunchtime this means there is no access to single-sex provision.

Am I right in thinking this is not legal, or are we still at the stage where we are waiting for absolute clarity from the Department of Education? I don't want to quote information to the headteacher that's not absolutely correct, as he has previously been dismissive of these concerns.

OP posts:
TheFeministGovernor · Yesterday 13:02

Keeptoiletssafe · Yesterday 11:45

I don’t know too much about primary schools toilets as I focused on secondary design as an ex secondary school teacher. Here’s what I have found out through a few years looking at this.

It absolutely does not surprise me in the slightest that this school was built in 2017 and had all mixed sex toilets. That was a standard design option. The Education Estates part of Department For Education were fully aware and signed them off for secondary schools. I have saved the DfE design briefs that up until last year were very different. Now they have changed them since FWS and state single sex toilet suites.

Schools are now in a mess. It’s been a big design experiment and many will have to change their toilets. The mixed sex toilet phase started gathering momentum at the time of Building Schools for the Future and academisation. Many designers thought they were an innovative way forward. Some schools resisted but school leaders had to opt out and give specific reasons why not have certain features in their approved designs, which I think is too big a responsibility when you are looking at whole school plans.

The reason designers could get away with it is because 1992 legislation and Approved Document T has exclusions for schools. Ironically, all this I believe has led to schools having worse health and safety standards than most other non domestic provision that conforms to British Standards and work legislation.

When the FWS verdict was announced, I thought this is going to cost millions to put right in schools. I am amazed there’s been nothing on the news. I think the money should come from the Department for Education to schools, not out of individual school budgets.

I have had quite a bit of correspondence with DfE and got information from doing Freedom on Information requests. I asked for risk assessments and equality and impact assessments for toilet cubicles being mixed sex and fully private in schools. They do not hold them. I then asked who is liable if a child comes to harm in these private designs and they gave me a list depending on the type of school but it does boil down to the governors in many.

My initial area of concern was children having medical emergencies and those with medical conditions. Once I started looking in to this and realised the extent of sexual assaults inside school premises, I expanded my concerns. I have concentrated on wider public provision more recently as what’s happened in schools is a good example of why not to do this in general.

I have got literature and links I can give you if you want. I am not sure if your toilets are floor to ceiling in privacy but I can try and answer more specific questions.

What is very interesting is I noted the Department For Education this year have been quoting BS6465. These are British Standards and are what Approved Document T was based on. I have not got access to them - they cost £££ each and there’s 4 of them. I have chatted to lots of people about them. What is frustrating in my campaign to put door gaps into toilet design, is the life-saving feature is not specifically shown in diagrams on the 2024 Approved Document T (long story and involves transactivists).

HSE told me only single sex cubicles within a single sex environment can have door gaps. Irrespective of door gaps, you will see in Approved Document T: ‘1.22 The layout when entering, exiting and using a toilet room or cubicle should cater for the safety,
privacy and dignity of users. Cubicle doors should only open into single-sex toilet accommodation’. I presume this is taken from the most recent BS6465 but I do not know if this would extend to schools, particularly primary schools as their toilets have always been designed with big door gaps for supervision.

This it what BS6465 said at the time of The Workplace (Health, Safety and Welfare) Regulations 1992, which makes sense within the legislation that unisex toilets have to be a a separate enclosed room:

BS6465 from 1986:
WC compartments should be self contained, but where a range of WCs is provided, each in a separate cubicle within a single room, e.g. in schools, offices, factories, public buildings and public conveniences, it simplifies ventilation, cleaning and, to some extent, supervision and prevention of wilful misuse, if the cubicle walls terminate above the floor as well as below the ceiling. These advantages are gained only at the expense of a certain degree of privacy. Where cubicles are used, the whole room in which they are situated may be regarded as a single unit for the purposes of ventilation.

Where partition walls and doors of WC cubicles are kept clear of the floor, the clearance should be not less than 100mm and not more than 150mm. Partitions and doors that terminate below ceiling level should be not less than 2 m in height from the floor.

https://schoolsweek.co.uk/ehrc-guidance-causes-trans-toilet-trouble-for-schools/

Edited

This is so helpful. So there are three things going on here:

  1. The actual build of the school is potentially illegal - but this is WAY out of my remit as a governor and is a bigger issue
  2. The accommodations the school have made (splitting toilet blocks in half) is, I would argue, better than nothing but
  3. Children still don't have anything resembling single sex provision at lunchtimes.

As a governor, do you even think this is worth highlighting with the headteacher, or do you think money and instructions to rebuild / change facilities will come from the DoE? I have no wish to get into a bunfight for the sake of being in a bunfight.

All doors have toilet gaps and are not in any way single use cubicles with sinks inside.

OP posts:
Keeptoiletssafe · Yesterday 13:13

Hurrah for the doors having door gaps from a safety point of view. Some primary schools don’t even have these anymore which is horrendous. Secondary schools are worse and you get lots of misuse.

I may be minded to show the link to the Scottish court case and pointing out this needs addressing. What you don’t what is them trying to bodge it by changing the doors and partitions so the occupant is hidden but the toilets and open sink areas are still mixed sex.

Pinkfluffypencilcase · Yesterday 13:20

Could I ask @Keeptoiletssafe shoukd there be seperate toilets for staff and students for post 16 environments?
Sorry op to jump on your thread.

MyAmpleSheep · Yesterday 13:37

Keeptoiletssafe · Yesterday 00:20

Also, although the judgement was in Scotland, there were aspects that mentioned the Equality Act (2010) which covers England too.

Yes that’s right - the Scottish court (and significantly, I think, a female Judge) found that girls have more need of privacy at washbasins, and failing to provide it is discriminatory.

So an EA2010 argument could work; but the Scottish decision isn’t binding on any English court, and it’s not guaranteed a similar case here would go the same way.

NowSober · Yesterday 13:40

Pinkfluffypencilcase · Yesterday 13:20

Could I ask @Keeptoiletssafe shoukd there be seperate toilets for staff and students for post 16 environments?
Sorry op to jump on your thread.

Pupils should never be sharing toilets or changing rooms with staff whatever their age. Not mixing children & adults is Safeguarding 101

MyAmpleSheep · Yesterday 13:41

TheFeministGovernor · Yesterday 13:02

This is so helpful. So there are three things going on here:

  1. The actual build of the school is potentially illegal - but this is WAY out of my remit as a governor and is a bigger issue
  2. The accommodations the school have made (splitting toilet blocks in half) is, I would argue, better than nothing but
  3. Children still don't have anything resembling single sex provision at lunchtimes.

As a governor, do you even think this is worth highlighting with the headteacher, or do you think money and instructions to rebuild / change facilities will come from the DoE? I have no wish to get into a bunfight for the sake of being in a bunfight.

All doors have toilet gaps and are not in any way single use cubicles with sinks inside.

All doors have toilet gaps and are not in any way single use cubicles with sinks inside.

if the single-use cubicles don’t have full floor to ceiling doors then that’s definitely not legal in any sense. The only way to combine the required privacy with safety is properly sex segregated “washrooms” as @Keeptoiletssafe will I think agree.

KittyCorncrake · Yesterday 13:46

What is wrong with shared handwashing????

NowSober · Yesterday 13:50

KittyCorncrake · Yesterday 13:46

What is wrong with shared handwashing????

What is wrong with shared handwashing????

The simple answer is it's not permitted by the regulations. The obvious reason is for the same reasons adults don't have shared handwashing i.e. privacy propriety etc Imagine a 10 year old girl having to wash menstrual blood off her hands while being jostled by boys.

damemaggiescurledupperlip · Yesterday 13:52

@Keeptoiletssafe

how much are these 4 documents, KTS? Is it worth setting up a go fund me? I would contribute

Pinkfluffypencilcase · Yesterday 13:59

NowSober · Yesterday 13:40

Pupils should never be sharing toilets or changing rooms with staff whatever their age. Not mixing children & adults is Safeguarding 101

This is my thinking. But that’s what we have. Is there anything I can highlight to them?

NowSober · Yesterday 14:09

Pinkfluffypencilcase · Yesterday 13:59

This is my thinking. But that’s what we have. Is there anything I can highlight to them?

Sorry I'm not sure which documents will state it but I'm sure @Keeptoiletssafe will have it all at her fingertips. You could start by approaching the Designated Safeguarding Lead as not mixing adults & children really is Safeguarding 101 as I stated in my previous post.

Pinkfluffypencilcase · Yesterday 14:17

NowSober · Yesterday 14:09

Sorry I'm not sure which documents will state it but I'm sure @Keeptoiletssafe will have it all at her fingertips. You could start by approaching the Designated Safeguarding Lead as not mixing adults & children really is Safeguarding 101 as I stated in my previous post.

Thanks I will do that. Preliminary google though says as long as floor to ceiling enclosed / lockable from inside / internal washbasin is complaint in a post 16 setting.

NowSober · Yesterday 14:27

Pinkfluffypencilcase · Yesterday 14:17

Thanks I will do that. Preliminary google though says as long as floor to ceiling enclosed / lockable from inside / internal washbasin is complaint in a post 16 setting.

I think they still need to be entirely separate unless it's a disabled toilet where there might only be one provided.

Keeptoiletssafe · Yesterday 15:15

MyAmpleSheep · Yesterday 13:41

All doors have toilet gaps and are not in any way single use cubicles with sinks inside.

if the single-use cubicles don’t have full floor to ceiling doors then that’s definitely not legal in any sense. The only way to combine the required privacy with safety is properly sex segregated “washrooms” as @Keeptoiletssafe will I think agree.

I don’t actually know the legalities because schools have different rules and regs. Certainly infants toilets have had huge gaps for supervision for years. If you look at manufacturers website you will see the difference in design as the age increases.

Keeptoiletssafe · Yesterday 15:34

damemaggiescurledupperlip · Yesterday 13:52

@Keeptoiletssafe

how much are these 4 documents, KTS? Is it worth setting up a go fund me? I would contribute

I research in my spare time so I don’t get paid for any of this. It wasn’t supposed to be a big campaign but appears to have morphed in to one. The Standards will have so many pages re ventilation, hook placement, floor surfaces etc. They would be useful for a few very extensive lines but more useful is the fact that at the time of legislation, British Standards were clear that gaps were advantageous - that’s what was standard at that time and what they were working with.

Apologies for piecemeal answers. In middle of multitasking home stuff.

Further Education toilets also have problems in design. I have the old ones from last year. I will look those out.

SingleSexSpacesInSchools · Yesterday 16:15

TheFeministGovernor · Yesterday 13:02

This is so helpful. So there are three things going on here:

  1. The actual build of the school is potentially illegal - but this is WAY out of my remit as a governor and is a bigger issue
  2. The accommodations the school have made (splitting toilet blocks in half) is, I would argue, better than nothing but
  3. Children still don't have anything resembling single sex provision at lunchtimes.

As a governor, do you even think this is worth highlighting with the headteacher, or do you think money and instructions to rebuild / change facilities will come from the DoE? I have no wish to get into a bunfight for the sake of being in a bunfight.

All doors have toilet gaps and are not in any way single use cubicles with sinks inside.

I think the most important thing you should focus on is your personal liability as a governor on this matter, sorry to bring that up as @Keeptoiletssafe has already mentioned it, but do not gloss over it.

This can be fixed, or bodged enough to be legal and safe but it's going to take some time and effort.

Also sorry I did not clock your username so the letter I sketched out was as a parent! As you're a governor, you can be a lot more frank and clear about liability etc.

SingleSexSpacesInSchools · Yesterday 16:20

damemaggiescurledupperlip · Yesterday 13:52

@Keeptoiletssafe

how much are these 4 documents, KTS? Is it worth setting up a go fund me? I would contribute

£1,600 inc VAT for all 4, just looked. Also looked for non paywalled copies.... could not find one

SingleSexSpacesInSchools · Yesterday 16:22

@TheFeministGovernor I would ask the clerk to governors / governance professional to obtain access through the school’s normal compliance route. This is exactly the sort of thing governors are entitled to ask about, because it goes to premises compliance, safeguarding and whether the school is meeting its legal duties.

The school, local authority or academy trust should already have a lawful way of checking British Standards without an individual governor paying hundreds of pounds. That might be through the local authority estates/property team, the trust estates team, the school’s surveyor, architect, M&E/public health consultant, building control adviser, or a BSOL subscription. Some public/reference libraries also provide access to British Standards Online.

damemaggiescurledupperlip · Yesterday 16:30

SingleSexSpacesInSchools · Yesterday 16:20

£1,600 inc VAT for all 4, just looked. Also looked for non paywalled copies.... could not find one

Good Heavens!

PoppySeedBagelRedux · Yesterday 16:52

Does anyone know if there are rules relating to toilets for children in general? I was at RHS Wisley a couple of weeks ago for a course for adults that was held in a block that is designed for educating children. There were two lots of child-sized toilets, clearly originally built as one boys, one girls, which are now both mixed sex. Is this legal?

There was only one adult sized toilet, a disabled one, and we attendees were directed there rather than to the children‘s toilets.

KittyCorncrake · Yesterday 17:13

NowSober · Yesterday 13:50

What is wrong with shared handwashing????

The simple answer is it's not permitted by the regulations. The obvious reason is for the same reasons adults don't have shared handwashing i.e. privacy propriety etc Imagine a 10 year old girl having to wash menstrual blood off her hands while being jostled by boys.

Edited

Then the regulations are not fit for purpose.
Educate the boys about menstruation -a very normal process for their family members and future partners!
This is not biblical times when women were ‘unclean’ during menstruation.
Utterly ridiculous to base regulations acting some primitive superstition.

Keeptoiletssafe · Yesterday 17:19

Pinkfluffypencilcase · Yesterday 13:20

Could I ask @Keeptoiletssafe shoukd there be seperate toilets for staff and students for post 16 environments?
Sorry op to jump on your thread.

In terms of toilets, here’s a further education link to a 2021 version see p.54 and p.17. You will see it mentions privacy because of mobile phone cameras but not safety. This is typically men videoing women. 5mm was the floor to door gap that is generally quoted to prevent this behaviour. The disadvantages in not having door gaps is what no one has risked accessed (except me). The irony is that misuse occurs when you know you can get away with it. It is even saying single sex cubicles should be floor to ceiling and at that time it wasn’t clear what single sex toilets meant.
https://dera.ioe.ac.uk/id/eprint/38829/2/FE-OS_Generic_Design_Brief-A-C01.pdf

https://dera.ioe.ac.uk/id/eprint/38829/3/FE-OS_Annex_2A_SanitarywareAndFacilities-A-C01.pdf

There are many incidences of male staff being struck off for setting up hidden cameras in school toilets (including headteachers, teachers, caretakers). A design that favours this occurrence is a mixed sex toilet and privacy. There are no incidences of female staff being struck off for toilet misuse that I can find. 100% of voyeur, for any voyeurism offence, in prison (as of May 2025) are male.

The current design ‘requirements’ for schools and further education is here:
https://www.gov.uk/government/publications/design-standards-employers-requirements

Good luck ploughing through it all!

Education Estates is huge business and there’s a big conference each year. I am not employed in education anymore and have never been to it. I expect there would be a lot on toilets next time.

NowSober · Yesterday 17:30

KittyCorncrake · Yesterday 17:13

Then the regulations are not fit for purpose.
Educate the boys about menstruation -a very normal process for their family members and future partners!
This is not biblical times when women were ‘unclean’ during menstruation.
Utterly ridiculous to base regulations acting some primitive superstition.

Then the regulations are not fit for purpose.
Educate the boys about menstruation -a very normal process for their family members and future partners!
This is not biblical times when women were ‘unclean’ during menstruation.
Utterly ridiculous to base regulations acting some primitive superstition.

FFS are you for real? It's nothing to do with "primitive superstition". It's obvious that you were never a 10 year old girl managing your first period let alone managing your first period surrounded by sniggering boys. Both girls & boys have a right to privacy.

Single Sex Spaces are not only the law in the UK but what the vast majority of people in the UK want as confirmed by repeated opinion polls.

KittyCorncrake · Yesterday 17:34

Do we base onerous regulations around the need to avoid ‘sniggering’ rather than education????? Unreal.

NowSober · Yesterday 17:37

KittyCorncrake · Yesterday 17:34

Do we base onerous regulations around the need to avoid ‘sniggering’ rather than education????? Unreal.

I have just provided a simple example of why the law is needed. Why don't you think girls deserve privacy for personal functions?

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