Teachers seeking clarity on single-sex spaces in schools

Teachers in Scotland are seeking clarity from the Scottish Government over guidance on single-sex spaces.

The Scottish Secondary Teachers’ Association (SSTA) says ministers must “urgently” publish revised guidance to give teachers clarity.

The union is calling for guidance on supporting transgender pupils from 2021 to be withdrawn following the landmark ruling by the Supreme Court over the definition of a woman.

Teachers say the ruling will have a major impact on secondary schools and that guidance on single-sex spaces must be in compliance with the Equality Act.

The guidance from 2021 states: “There is no law in Scotland which states that only people assigned male at birth can use men’s toilets and changing rooms, or that only people assigned female can use women’s toilets and changing rooms.

“This is instead done by social convention.”

It also states a transgender young person should not be made to use the toilet or changing room of their sex assigned at birth.

But last month, the Equality and Human Rights Commission (EHRC) issued interim advice that said that in places such as hospitals, shops, and restaurants, “trans women (biological men) should not be permitted to use the women’s facilities”.

This was followed by a judge issuing an order that state schools in Scotland must provide single-sex toilets for pupils. The order came after parents won a legal challenge against Scottish Borders Council after it installed gender neutral lavatories in a primary school.

An SSTA spokesperson said: “Teachers and schools have a duty to ensure that our policies, procedures and arrangements are fully compliant with the rights protected by the Equality Act – this applies now, not months into the future.

“The Scottish Parliament appears to have had time to consider the implications of the judgement and change its own arrangements for the use of single-sex spaces – meanwhile the Scottish Government has not yet provided updated advice to schools.”

Last week, it was announced trans women will be banned from female toilets and changing facilities in the Scottish Parliament.

Holyrood will also be installing new gender neutral toilets in public areas of the building – in addition to existing single sex toilets – to support trans people who will be banned from using facilities that align with their chosen gender.

A Scottish Government spokesperson said: “The Equality and Human Rights Commission (EHRC) have confirmed that they will consult then update the statutory Code of Practice and associated guidance by the Summer.

“As the EHRC is the enforcer and regulator of the Equality Act 2010, we expect all organisations to consider its revised Code of Practice and guidance when published to ensure there is a consistent and clear understanding of the correct application of the law for all involved in this complex area.

“The Scottish Government has already begun work on implementation. We have established a Short Life Working Group to ensure support and consistency across Government.

“This work will position us towards a state of readiness to take all necessary steps when the EHRC’s Code of Practice and updated guidance are published.”