Formal Complaint concerning the lack of single sex toilet facilities at Turriff Primary School

To whom this will concern,

We are writing to you to lodge a complaint about the lack of single sex male and female toilet facilities in Turriff School. 

As parents, we have deep concerns that some of our children are not comfortable using the unisex facilities set up that the school currently has. It is documented in the media that in some areas this has led in some cases to children not wanting to use the toilets when they need to.  The choice to be able to use single sex facilities where children wish to do so has been removed, and those people who are the most uncomfortable with mixed sex facilities are often the least likely to come forward and say so.  Not only is this against the law, but it infringes on the rights of the children. Furthermore, it is not only the children who are affected, but additionally your staff as well, as they are also affected by the lack of single sex facilities.  

The Building standards technical handbook 2019: non-domestic provides guidance for accessible/disabled toilets and states that, other than this, sanitary facilities in schools should be provided in accordance with the School Premises (General Requirements and Standards) (Scotland) Regulations 1967. This law gives a minimum number of appliances dependent on total pupils on the school roll and mandates that half the accommodation shall be for boys and the other half for girls. There is no provision for unisex, mixed-sex or gender-neutral facilities within that number.

A decision in a recent judicial review, brought by For Women Scotland, (which is currently under appeal), states that “sex” in the Equality Act is not limited to biological or birth sex, but includes those in possession of a Gender Recognition Certificate stating their acquired gender. Children of school age are not eligible to apply for a GRC so any legal arguments about how GRCs are viewed for the purposes of the Equality Act are not applicable here. Pupils remain of their birth sex and should be treated as such under the Equality Act.

Pupils may hold the protected characteristic of gender reassignment, but the right not to suffer discrimination on these grounds is not the same as a right of access to facilities provided to the opposite sex. Where separate-sex facilities have been provided, boys, regardless of how they identify, have no right of access to the girls’ facilities (and vice versa).

Of course, if a child does not feel comfortable – for whatever reason – in using the toilets provided for his/her sex, there is scope to make suitable alternative arrangements which do not infringe on the rights of others to single-sex provision. For example, there is no restriction on providing self-contained individual gender-neutral toilets in addition to the minimum number of separate-sex toilets.

That “all new schools are being built like this..” is no argument for the lack of single sex facilities.  Just because someone made that decision somewhere, does not make it right.  As set out above, there is a legal requirement for separate male and female facilities.  I am sure everyone will agree that there should also be gender neutral, or unisex, toilet facilities provided as well, but as stated above should be in addition to separate sex toilets.

In addition, as a parent of a child who is about to move up to primary 1, I have already experienced a situation within the school where my young daughter has been ‘flashed’ in the toilets, leading to Social Services offering her counselling.  I find it incredible that in this day and age this could happen in a supposedly safe environment such as a school, and worse, that the environment exists and is being supported and perpetuated by the school for incidents such as this to occur. This could set a dangerous precedent for our children later in life, if we don’t teach them that they have a right to privacy and to feel comfortable and safe, especially in places like toilet blocks. 

I have serious concerns for incidents like, but not limited to, the aforementioned flashing incident, which when taking place within a schools’ unisex toilet unwitnessed could lead to both girls and boys not reporting such incidents. Especially in later years, as they end up being in a “his word against hers” situation, where such incidents are almost impossible to “prove” either way. 

We have addressed this complaint directly to the school, although we are aware that this is a council wide issue as the school design is that which is being used for all new schools.  However, these concerns have already been raised with the council and they are very well aware of the legal advice, a copy of the letter that was sent to them from For Women Scotland has been included with this letter.  We are therefore looking to the school to change the designation of its own facilities to not only comply with the law, but to ensure the comfort, dignity and respect for the children and staff who use them.