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Scotland Mandates Single-Sex School Toilets Based on Biological Sex, Allowing Gender-Neutral Provision

The update follows court rulings, directing schools to balance legal duties with support for transgender pupils.

Overview

  • The guidance requires separate toilets and changing rooms for boys and girls, applied by biological sex.
  • Schools may provide gender-neutral facilities for trans pupils and, where appropriate, access to staff or disabled toilets.
  • Ministers issued the update after an April Court of Session decision on a Borders school and a UK Supreme Court judgment defining sex in equality law as biological.
  • The document advises steps to reduce outing risks, including access outside usual breaktimes, and says forcing uniforms that conflict with a pupil’s gender identity may be discriminatory.
  • Scottish Conservatives condemned the approach as confusing, For Women Scotland welcomed recognition of single-sex provision, and Education Secretary Jenny Gilruth said implementation work is continuing.