Girls in care in Scotland could share bedrooms with boys who think they are trans

Telegraph

16-03-2025

Girls in care should be allowed to share a bedroom with boys who think they are transgender, according to guidance published by Scotland's care watchdog.
The advice, issued by the Care Inspectorate, said that 'if a transgender young person wants to share a room with other young people who share their gender identity, they should be able to do so as long as the rights of, and risks to, all those involved are considered and respected'.
Its guidance, which was published in the wake of last year's Cass Review, says that transgender children 'should not be made to use the toilet or bedroom of their sex assigned at birth'.
It adds: 'The provision of gendered facilities such as toilets is social convention. There is no law in Scotland about this'.
Women's rights activists have accused the watchdog of being 'grossly negligent' amid a fierce debate on the provision of single-sex spaces in Scotland – namely, that men who self-identify as women can gain access to women's changing rooms and toilets.
Helen Joyce, director of advocacy at human rights charity Sex Matters, called the Care Inspectorate's guidance 'a terrifying failure of the state's duty to protect some of Scotland's most vulnerable young people'.
'This policy is grossly negligent, putting young people who deserve so much better at significant risk,' she told The Scottish Mail on Sunday newspaper.
It also comes amid the ongoing tribunal case of Sandie Peggie, a nurse who claims NHS Fife subjected her to bullying and harassment after she complained of a transwoman doctor in the female changing room.
According to the Cass Review, there is a high presentation of children who have had adverse childhood experiences and those who are 'looked after' among the transgender population.
In light of those findings, the Care Inspectorate published updated guidance for care workers and accommodation providers in May 2024.
It said it supports schools guidance issued by the Scottish Government in 2021 stating that a transgender youngster should not be made to use the toilet or bedroom of their biological sex.
Susan Smith, of campaign group For Women Scotland, said: 'Various pieces of legislation do mandate single-sex toilet provisions.
'Care Inspectorate officials must be naive to the point of abject idiocy if they think gender identity will preclude children indulging in dangerous sexual behaviour.
'Children's human rights and physical safety matter: unless the Care Inspectorate want another child abuse inquiry on their hands, they will stop deliberately putting children at risk.'
Scottish Conservative equalities spokesman Tess White said: 'It's frankly ludicrous that Scotland's care watchdog doesn't recognise there are legal obligations to provide single-sex spaces.'
A spokesman for the Care Inspectorate said: 'It is for care services to decide on the appropriate provision of facilities to meet the individual needs, rights and wishes of those experiencing care.'