Council awaiting guidance on whether to reassign mixed-sex facilities in schools
The new £80m Perth High School – due to open next week – is one of nine PKC schools built with mixed-sex spaces and one of three which does not have separate male and female toilets.
In April 2025, a Court of Session judge ruled Scottish state schools must provide single-sex toilets for pupils but the Scottish Government is still considering whether its guidance needs to be updated.
The Court of Session judgement in April 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 Court of Session judge ruled mixed-sex schools must provide single-sex toilets for pupils, but could have gender neutral toilets as well. The Scottish ruling came after the UK Supreme Court unanimously ruled a woman is defined by biological sex under equalities law.
And – with Perth and Kinross pupils due to return to school next week for the new session – the Scottish Government is still deciding whether or not its guidance needs to be updated to reflect recent legal decisions.
A PKC spokesperson said: 'As previously advised, the council has 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 allows schools to reassign their toilets. This arrangement is also in place at the new Perth High School.
'We await further guidance from the Scottish Government following the Supreme Court judgement and will respond to this guidance once provided.'
A Scottish Government spokesperson said: 'Local authorities have statutory responsibility for the school estate, including provision of toilets.
'As with any significant legal or policy developments, we consider whether guidance requires to be updated to reflect recent legal decisions and this consideration is under way.'
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