Schools in Scotland must provide separate toilets for boys and girls under new government guidance issued in response to recent court rulings.
The updated guidance, published by Holyrood ministers, states that toilet facilities must be made available on the basis of biological sex. However, it also advises that schools can consider additional gender neutral provision to support transgender pupils.
Education Secretary Jenny Gilruth said the new guidance provides “clarity” following two significant legal rulings earlier this year. In April, the Supreme Court ruled that a woman is defined by biological sex under equalities law, while in June a judge ordered six Scottish schools to reinstate single-sex toilets.
Gilruth told BBC Scotland News: “The Supreme Court ruling was very clear in relation to biological sex and the guidance has been updated to reflect that. It has taken us some time to get us to this place but it’s really important that we move forward as a consequence of the ruling and this guidance provides clarity in that regard.”
When asked whether transgender pupils would be allowed to use toilets matching their gender identity in the absence of gender neutral provision, Gilruth declined to comment on individual cases. She added that local authorities retain responsibility for running schools and that resources would be available to adapt facilities.
The revised guidance replaces advice published in 2021, which had stated there was no law preventing transgender pupils from using facilities aligned with their gender identity. That section has now been removed.
The new document acknowledges the importance of supporting transgender young people, warning that forcing them to wear clothing inconsistent with their gender identity could cause distress and potentially breach the Equality Act. It also cautions school staff against misgendering or publicly disclosing a pupil’s transgender status without consent.
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In addition, the guidance encourages schools to challenge gender stereotypes through teaching materials, marking events such as LGBT History Month, and ensuring classroom environments are inclusive.
The update follows months of pressure from campaigners who argued the government was failing to comply with the Supreme Court ruling.
Scottish Conservative MSP Roz McCall criticised the approach, describing it as “contradictory and potentially harmful”. She added: “Women and girls deserve clarity, not opaque advice from a nationalist government still pandering to gender activists. John Swinney must step up and guarantee single-sex spaces in every Scottish school.”
