Home > News > Update to Scottish Government’s “Supporting Transgender Children and Young People: Guidance for schools”
30 September 2025 | News
When any pupil goes to school, they should be able to do so safely, have appropriate toilets and changing rooms they can use, and be listened to and have their identity respected. Changes made yesterday by the Scottish Government to their guidance on supporting transgender pupils in schools will make this much harder for trans children and young people than it was before.
We need the Scottish Government, councils and schools to properly take responsibility for the harm that could be caused to trans children and young people if their school policies do not allow them to be recognised as who they truly are. Children and young people who have done absolutely nothing wrong, and who deserve the support and help of those with the power to make a difference to make sure they can safely access education with dignity like anybody else.
If the law means that trans pupils really must be treated in a way that we hope that everyone can see is not in their best interests, then the way forward is clear – we must change the law. It is not good enough to say that this is just the way it has to be.
Yesterday the Scottish Government updated their guidance on how schools should support trans children and young people.
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.
Changes have also been made to sections about residential trips and PE classes. Before, the guidance took a very inclusive approach to both, but now it does not say very much about what approach to take, or encourage schools to include trans pupils in line with their gender identity.
The changes are the result of two court cases. One was the Supreme Court ruling in April 2025 that “sex” in the Equality Act 2010 means “biological sex” (which the Supreme Court didn’t define – but seems to mean the sex on your original birth certificate). The other was a case taken by some parents against a school in the Scottish Borders which only provided gender-neutral toilets. The council conceded the case, accepting that the 1967 Schools and Premises (General Requirements and Standards) (Scotland) Regulations required them to provide single-sex toilets.
We’re calling on the Scottish Government to urgently reform the Schools and Premises (General Requirements and Standards) (Scotland) Regulations 1967. These regulations are almost sixty years old and were developed at a time where almost no child or young person would have been able to be open about their gender identity at school – and even if they were, they would have been extremely unlikely to have had an understanding and supportive response.
They are clearly not fit for purpose if we find ourselves in a situation where trans pupils may be forced to use toilets and change totally separately from their peers, marking them out as different and segregating them from others.
This is a concrete action that the Scottish Government can take to put us back on a path towards making sure that trans children and young people are properly included and supported at schools. We are calling on them to do so with the urgency that this situation demands.
We are also calling on local authorities and schools to ensure that children’s rights are always at the forefront of any decisions and policy changes regarding the new Scottish Government guidance. Children’s rights are enshrined in Scotland via the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 and local authorities have a duty to ensure they are respected, protected and fulfilled.
You can find the updated Scottish Government guidance here: https://www.gov.scot/publications/supporting-transgender-pupils-schools-guidance-education-authorities-schools-revised/
At the beginning of September, a range of groups, organisations and unions made submissions opposing Edinburgh City Council’s change to their school toilets policies for trans pupils. These submissions give more detail about the negative impact that these changes can have on trans children and young people, and talk about the human rights concerns that these changes raise.
(Content note – some of the submissions are upsetting to read, and on pages 17-19 there is a submission that supports the Council’s decision to stop trans pupils using toilets that align with their gender identity).
Find our submission on pages 9-12, along with those of others, here: https://democracy.edinburgh.gov.uk/documents/b26857/Deputations%2002nd-Sep-2025%2010.00%20Education%20Children%20and%20Families%20Committee.pdf?T=9
30 Bernard Street Edinburgh EH6 6PR
+44 (0)131 467 6039 info@scottishtrans.org
Scottish Trans is part of the Equality Network
Scottish Trans is the Equality Network project to improve gender identity and gender reassignment equality, rights and inclusion in Scotland. The Equality Network is a leading Scottish lesbian, gay, bisexual, transgender and intersex (LGBTI) equality and human rights charity.
The Equality Network is a registered Scottish charity: SC037852, and a company limited by guarantee: SC220213.
We are grateful for funding from the Scottish Government
