Scottish Government Mandates Single-Sex Toilets and Changing Facilities in Schools

Published: 30 September ‘2025. The English Chronicle Desk

The Scottish government has issued updated guidance mandating that schools provide separate toilets and changing rooms for boys and girls, to be used according to pupils’ biological sex. The guidance, applicable to both primary and secondary schools, marks a significant shift from previous policies that allowed transgender pupils to use facilities corresponding to their gender identity. While transgender students can no longer freely use the facilities they feel most comfortable with, schools are encouraged to offer gender-neutral facilities or access to staff and disabled toilets for the relatively small number of children affected.

This update comes in the wake of legal developments and sustained debate over the interpretation of the Equality Act 2010. The government’s reissued guidance follows what gender-critical campaigners described as “intolerable” delays after April’s Supreme Court ruling, which clarified that the legal definition of a woman under the act refers to biological sex. The court’s decision has had far-reaching implications for the policies and practices of educational institutions across Scotland, prompting authorities to review existing arrangements in schools.

The updated guidance also reflects a recent legal case brought against the Scottish Borders council by parents concerned about the lack of single-sex facilities at their son’s primary school. The court ruled that Scottish schools are legally required to provide separate toilets for boys and girls, underscoring the government’s position that educational settings must adhere to this standard. Organizations such as For Women Scotland, which supported the parents in the Borders case, welcomed the guidance as a positive step toward ensuring that school facilities are consistent with legal requirements.

The guidance includes practical recommendations to mitigate the potential for inadvertently “outing” transgender pupils. It encourages schools to consider measures such as allowing access to toilets outside of regular break times or providing particular facilities aligned with students’ school activities to minimize the visibility of students moving across the building. These precautions are intended to balance legal compliance with sensitivity toward students affected by the changes.

Marion Calder, of For Women Scotland, expressed approval of the government’s update. She stated: “We are glad to see recognition that toilet provision is made on the basis of sex. It is important that schools understand the legal requirements and implement policies accordingly.” However, Calder also noted that her organization would continue to scrutinize the guidance, particularly with regard to sports and residential trips, to ensure that the government fully respects the implications of the Supreme Court ruling. “We will discuss with our legal team the implications of this update on our current legal action,” she added.

While the government and campaign groups supporting single-sex facilities have welcomed the move, parents of transgender children in Edinburgh and beyond have voiced serious concerns. Critics argue that gender-neutral facilities appear to be treated as a secondary option or “stopgap,” rather than being adequately integrated into schools’ infrastructure. One parent spokesperson highlighted that the guidance does not specify how many gender-neutral facilities should be available, leading to instances where pupils were reportedly denied access because staff were not informed of the arrangements.

The spokesperson added: “If only a handful of toilets are available, it singles children out and raises questions from their peers. Many trans children end up limiting their fluid intake and avoiding facilities altogether, which can have serious health consequences and cause undue stress.” These concerns underscore the ongoing tensions between legal compliance, educational policy, and the wellbeing of students navigating complex social and identity issues.

The updated Scottish guidance arrives amid broader debates over gender identity and education in the United Kingdom. Educational authorities face the challenge of balancing legal rulings, the rights of transgender pupils, and the practicalities of maintaining a school environment that is safe, inclusive, and functional for all students. The Scottish government’s approach attempts to create a framework where legal obligations are met while still providing options that consider the needs of transgender pupils, though critics argue that these measures may not go far enough.

Experts in education policy have noted that the implementation of the guidance will require careful planning at the school level. Headteachers and school administrators will need to assess existing facilities and make adjustments to ensure compliance with the legal requirement for separate toilets and changing rooms. This may involve renovation, signage updates, or scheduling strategies to reduce potential conflicts or embarrassment for students. Additionally, schools will need to communicate clearly with both parents and students about the changes to avoid confusion and ensure that all students understand their options.

While the policy change emphasizes adherence to biological sex distinctions in school facilities, it also highlights the importance of safeguarding and wellbeing measures for all students. Schools are encouraged to provide discreet, accessible options for transgender pupils, recognizing that a small number of students may require accommodations to maintain their privacy and safety. The government guidance therefore represents a dual aim: to comply with legal rulings and to mitigate potential social and emotional harm to students who may feel vulnerable due to their gender identity.

The Scottish government has emphasized that the update is not intended to marginalize transgender pupils but to clarify legal expectations while supporting inclusive practices where possible. The guidance is expected to serve as a reference for headteachers, education authorities, and local councils as they implement changes in school facilities. It also signals that the government is actively responding to judicial rulings and parental concerns, reflecting the ongoing legal and social discourse surrounding gender, identity, and children’s rights in Scotland.

The debate over gender-specific versus gender-neutral facilities in schools is likely to continue as educational institutions adapt to the guidance. While campaigners for single-sex provisions argue that the policy upholds legal rights and protects students, advocates for transgender rights stress the need for robust, safe, and accessible alternatives that do not isolate or stigmatize students. This balance between legal compliance and student welfare remains a critical concern for educators, parents, and policymakers alike.

Ultimately, the Scottish government’s guidance underscores the complexities inherent in creating an equitable educational environment that respects both legal definitions and the diverse identities of students. By reissuing the guidance, the government aims to ensure clarity for schools while attempting to accommodate the needs of transgender pupils through alternative facilities and careful operational planning. Nevertheless, the reaction from parents, advocacy groups, and the wider community suggests that implementation will require ongoing dialogue, monitoring, and possibly further adjustments to ensure that all pupils can access safe and appropriate facilities without discrimination or undue stress.