There is an enforceable legal obligation on both local authority and private co-educational schools in Scotland to make provision for separate toilets for boys and girls both in the interests of respect for privacy, preserving decency, preventing trauma and/or ensuring health and safety particularly of girl pupils; and to avoid creating what girl pupils in particular might perceive and experience as an intimidating, hostile, degrading, humiliating or offensive environment for them.
The question of what toilet provision might properly be made for those pupils with the protected characteristic of gender reassignment cannot lawfully be relied upon to undermine the basic decision and duty on schools’ non-harassment obligations to make separate toilet provision for boys and girls.
Given that the protected characteristic of gender reassignment only applies to those with a GRC, and that only adults (18+) can apply for one, and then even if they achieve one, it will only be after a two-year process, there can be NO pupils in UK schools to which that characteristic applies. All schools with unisex toilets are breaking the law.
Schools who do not provide single sex toilets are breaking the law.
Legal advice obtained by For Women Scotland:
Given that the protected characteristic of gender reassignment only applies to those with a GRC, and that only adults (18+) can apply for one, and then even if they achieve one, it will only be after a two-year process, there can be NO pupils in UK schools to which that characteristic applies. All schools with unisex toilets are breaking the law.