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FOI/202500492885 · FOI · unclear

Clarification on gender neutral provision for transgender pupils: FOI release

Published
2026-02-10
Received
2025-11-10
Responded
2025-12-01
Directorate
Learning Directorate
Topic
Education, Equality and rights, Public sector
Exemptions
19

Information requested

Page 22 of the Scottish Government's Supporting Transgender Pupils in Schools: Guidance for Scottish Schools says: "Education authorities and schools should consider the toilet provision necessary for transgender pupils. This may include the use of gender neutral provision."

It is not clear whether "gender neutral" refers to a room/space with cubicles that are used by both boys and girls (ie. a mixed-sex space), or an single-user room with WC/sink that can be used by either a boy or a girl (unisex room).

Could you please explain/define what is meant by "gender-neutral" in this context.

Response

The answer to your question is that currently there is no specification on what constitutes a gender neutral provision within a school. The paragraph's immediately preceding that which you have quoted from make some comment on gender neutral provision including that "The design of gender neutral facilities should ensure privacy for all young people. In practice, this should include features such as full height walls and doors and should take account of the particular needs of female pupils." However, the decision on what would constitute a gender neutral provision would be taken by an education authority or school in light of local circumstances, including the existing provision already made within the school.

The revised guidance reflects the current legal requirements as reflected within the Schools Premises Regulations 1967 and other practical arrangements which may be required. I confirm that it has been agreed that a consultation will commence later this year on proposed revisions to the 1967 Regulations.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

Contact Please quote the FOI reference Central Correspondence Unit Email: contactus@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrew's House Regent Road Edinburgh EH1 3DG

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