Scotland: sex-based toilets with gender-neutral options

The Scottish Government has issued updated guidance saying schools must provide separate toilets and changing rooms for boys and girls on the basis of biological sex, while also permitting gender-neutral facilities for transgender pupils, the government announced this week. The revisions follow two recent court decisions that interpreted single-sex spaces under existing equality law and were issued to give schools practical direction on compliance.

The guidance restates that separate facilities for boys and girls should be made available on the basis of biological sex and notes that, depending on circumstances, schools may need legal advice on particular approaches. It also encourages schools to consider gender-neutral provision, access to disabled or staff toilets, and practical steps to avoid outing trans pupils, such as enabling use outside usual breaktimes or aligning facilities to pupils’ activities to reduce visibility. On uniforms, the guidance warns that forcing transgender pupils to wear clothing that does not match their gender identity can be distressing and may amount to discrimination under the Equality Act 2010.

The changes respond to a UK Supreme Court ruling in...