Council waiting for guidance on schools built with only gender neutral toilets
Last week a Court of Session judge ruled Scottish schools must provide single-sex toilets for pupils.
The new £80 million Perth High School – due to open this summer – has also been built with floor-to-ceiling cubicles in semi-open plan areas, which PKC has said can be reassigned to separate toilets for males and females.
The Court of Session judgment was made in a case brought against Scottish Borders Council by parents concerned about a new primary school built with only gender-neutral toilets.
The decision came after the UK Supreme Court unanimously ruled a woman is defined by biological sex under equalities law.
Following the UK Supreme Court judgment in For Women Scotland v The Scottish Ministers, the Equality and Human Rights Commission issued an interim update on its guidance. LDRS Perth High School under construction
The update said: 'Schools must provide separate single-sex toilets for boys and girls over the age of eight. It is also compulsory for them to provide single-sex changing facilities for boys and girls over the age of 11.
'Pupils who identify as trans girls (biological boys) should not be permitted to use the girls' toilet or changing facilities, and pupils who identify as trans boys (biological girls) should not be permitted to use the boys' toilet or changing facilities. Suitable alternative provisions may be required. '
Perth and Kinross Council is now waiting to hear whether it will have to reassign toilets which have been designed as mixed-sex spaces.
A council spokesperson said: 'Currently we have nine schools with mixed-sex facilities. Six of these also have separate male and female toilets while the remaining three have been designed with floor-to-ceiling cubicles in semi-open plan areas that will allow schools to reassign separate toilets for males and females.
'The same system is in place in schools currently under construction, such as the new Perth High School.
'We are considering the implications of the Supreme Court judgement and are awaiting further guidance from the Scottish Government which we will respond to.'
Councillor Peter Barrett is the Equalities lead for Perth and Kinross Council.
The Perth City Centre Liberal Democrat councillor said: 'I contacted senior officers following the Scottish Borders Council decision last week and have requested a briefing on the position in Perth and Kinross. We need to look at toilet provision in schools across Perth and Kinross, for both existing schools and new-builds and ensure compliance with the law and revised guidance on provision of single-sex and gender-neutral toilets.'
As well as the Scottish Borders legal case, calls were made to ban unisex toilets in schools following an incident in Dundee.
The calls came after a 15-year-old boy was charged in connection with voyeurism in December 2024.
The Scottish Government is working to update its guidance following the recent legal decisions.
A Scottish Government spokesperson said: 'Local authorities have statutory responsibility for the school estate, including provision of toilets. The Education Secretary will engage with COSLA to carefully consider the implications of the Court of Session ruling involving Scottish Borders Council in relation to Earlston Primary.
'We previously announced our intention to consult on updating the 1967 School Premises Regulations, and considering relevant court decisions will be part of that process.
'We note the interim update from the Equality and Human Rights Commission (EHRC), and that they intend to hold a consultation with stakeholders on their forthcoming guidance before producing their updated draft Code of Practice in early summer. We are keen to work with the EHRC to ensure consistent, inclusive and comprehensive guidance is in place following recent legal decisions.'
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