Every single child and young person must be able to use safe, appropriate toilets when they go to school. This is the least they can expect and is absolutely vital to supporting their health, wellbeing, safety and overall education.

Trans and non-binary pupils can face particular barriers to having this most basic of needs met. This can have far-reaching consequences. One young trans boy told LGBT Youth Scotland that he was unable to use the boys’ toilets at school and felt that using the disabled toilets would out him to his peers. He stopped eating and drinking at school to avoid having to use the toilet at all.  He became seriously ill with a urinary tract infection, resulting in hospitalisation, his mental health deteriorated, and he ended up leaving school early.

Today, the Scottish Government has announced that it is consulting on changes to the 1967 Schools and Premises (General Requirements and Standards) (Scotland) Regulations until March 24^th 2026: Proposals to update the School Premises Regulations

This is really important. At the end of September, the Scottish Government updated its “Supporting transgender pupils in schools: guidance for education authorities and schools”. (You can read our response to that here: Update to Scottish Government’s “Supporting Transgender Children and Young People: Guidance for schools”)

Previously, the guidance said that trans pupils should be able to use toilets that align with their gender identity – trans girls could use the girls’ toilets, and trans boys could use the boys’ toilets. The guidance has now been changed to say that there must be separate single-sex toilets for boys and girls and that this should be provided on the basis of “biological sex”. It also recommends that some gender-neutral toilets are provided, and that these might be the best ones for trans pupils to use.

The Scottish Government said that one of the main reasons for this change was “the decision in Hurley v Scottish Borders Council which clarified that primary and secondary schools are required to provide separate toilets for boys and girls.” This decision was based on the 1967 regulations that are now being consulted on.

The Scottish Government can change these regulations in a way that would ensure that every pupil has access to appropriate and safe facilities. This must include adequate privacy for everyone, particularly girls. It must include adequate accessible toilet provision, to meet the needs of disabled pupils. And it must ensure that trans boys can use boys’ toilets, and trans girls can use girls’ toilets. Trans children and young people should not be required, by law, to always be segregated into gender neutral toilets away from their peers.

The consultation document is not clear about whether the Scottish Government intends to make this is possible. But we are absolutely clear – the law must be changed to ensure trans pupils are safe, supported and included at school.

We will share further thoughts on our planned response to the consultation in the New Year.