Teachers call for clarity on single-sex spaces in schools

Scottish teachers are urging the Government to immediately update guidance on single-sex spaces in schools, following the recent Supreme Court ruling.

The Scottish Secondary Teachers’ Association (SSTA) says current policies are now legally outdated and leaving schools in a state of uncertainty.

They are calling on the Government to withdraw the 2021 guidance on supporting transgender pupils and issue updated advice that reflects the legal requirements of the Equality Act. The guidance states that a transgender young person should not be made to use the toilet or changing room of their 'sex assigned at birth'.

“We know from the Supreme Court ruling that the 2021 guidance is no longer compliant with the law. ” said Gordon West, a deputy headteacher and SSTA equalities committee member. “Yet we are being kept waiting and we are being kept hanging on."

With many pupils preparing to transition to secondary school in the coming months, West stressed the importance of resolving the confusion around access to toilets and changing rooms: “Very soon the P7 children and parents will be coming to secondary schools for their transition into secondary schools, and they will be asking what is happening with changing rooms."

The Scottish Government has acknowledged the need for revised guidance and is working with the Equality and Human Rights Commission to align with the recent ruling.

A Scottish Government spokesperson said institutions across Scotland would be required to consider the EHRC's revised code of practice when it is published and are working "towards a state of readiness to take all necessary steps when the EHRC’s code of practice and updated guidance are published.”

In the meantime, some institutions have begun acting independently. The Scottish Parliament recently restricted access to women’s toilets to those born female and is introducing new gender-neutral facilities.