By Lucy Ashton
It used to be a pretty straightforward business when it came to pupils spending a penny in the school toilets.
So, what’s the latest on single sex spaces for pupils in Scottish schools?
Tory Tess White MSP asked the Scottish Government, in light of the publication of its revised guidance on supporting transgender pupils in schools, whether it can guarantee that, effective immediately, single-sex spaces, including toilets and changing rooms, have been made available to all girls during school hours.
Education Minister Jenny Gilruth, pictured left, told parliament on Thursday: “Under the Education (Scotland) Act 1980, education authorities have the statutory responsibility for the delivery of education.
“The Scottish Government therefore does not carry the legal responsibility for the management of schools, or of their facilities, including the provision of toilets and changing rooms, which is a matter for education authorities.
“The Scottish Government’s role is to provide education authorities and schools with non-statutory guidance to inform their work in relation to the legal requirements and associated national policies. The guidance that was published last week fulfils that role.
“For the avoidance of doubt, that updated guidance reflects the Supreme Court judgment and states that “separate toilet facilities for boys and girls must be provided in schools” and that “the facilities require to be made available on the basis of biological sex”.
Tess White replied: “Parents have informed me that girls’ toilets in secondary schools in Angus are being locked during the school day, which is denying girls their legal right to single-sex spaces.
“That, as the cabinet secretary has just outlined, is illegal. What immediate steps is the Scottish Government taking to ensure that every girl in every school has unrestricted access to single-sex toilets, as required by the law?”
Jenny Gilruth replied that she was unaware of what was happening in Angus, but but promised tol go back to her officials in relation to toilets being locked during the school day.
She said Ms White would be aware of the guidance that we published last week following the Supreme Court ruling.
She added: “That guidance is intended to bring clarity to the teaching profession and to young people in our schools and was our response to the Supreme Court ruling. I am more than happy to take away the specific issue that she has raised.”
Rona Mackay MSP for Bearsden said: “I welcome the engagement that the Scottish Government has undertaken with parents and carers, education representatives, LGBT organisations and women’s organisations to develop the recent guidance. Will the cabinet secretary provide more detail about how that will ensure that support for trans children continues in schools?”
Jenny Gilruth replied: “The purpose of the guidance is to support our councils and schools in their support for transgender pupils. We know that those matters are really complex and that education authorities will continue to consider the wellbeing of all their pupils, including transgender pupils, as they navigate the support that is required in schools.
“The guidance offers advice on legal, policy and practical matters and draws together the signposting of support for parents and carers and for young people.
“It recognises that those highly personal decisions can be challenging for young people and their families, and for councils and schools, to navigate.
“The guidance seeks to provide support to those working in our schools as they navigate that complex issue for all.”
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