The Scottish Conservatives have accused the government of creating confusion with its updated guidance on single-sex toilets in schools. MSP Pam Gosal said Education Secretary Jenny Gilruth had failed to give clarity on whether transgender pupils would still be able to use the facilities that correspond to their gender identity. Douglas Ross, the former Tory leader, also claimed Ms Gilruth was “refusing to answer a very straightforward question”.
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The new guidance, published on Monday, states that schools in Scotland must provide separate toilets for boys and girls based on biological sex. This marks a shift from earlier advice, which allowed pupils to use whichever facilities they felt most comfortable with. At Holyrood, Ms Gosal pressed the Education Secretary to confirm if transgender pupils would continue to be permitted to access facilities aligned with their gender identity, but said her response only “confused matters further”.
Ms Gilruth said the government had accepted the Supreme Court’s ruling earlier this year that the definition of a woman under equality law refers to biological sex. She emphasised that schools are already legally required to provide separate facilities for boys and girls, as well as accessible toilets, but stressed the importance of respecting the rights of all children and young people. She also noted evidence showing that transgender pupils face greater risks of bullying, poorer wellbeing, and worse educational outcomes than their peers.
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The Equality and Human Rights Commission reiterated that the Supreme Court ruling clarified that sex under the Equality Act refers to biological sex. It advised that schools should ensure compliance with the law, which requires separate toilets for boys and girls, while considering appropriate alternative arrangements for transgender pupils. The Commission added that its guidance for schools will be updated, alongside its statutory Code of Practice, which is currently under review by the UK Government.