Are lunchtime unisex toilets in a primary school legally compliant?

[TheFeministGovernor]

The primary school I govern at was built with unisex toilets. Over time, some toilets have been changed to be boys / girls only, although they do open into a communal sinks area. There is at least a side for boys and a side for girls in most toilet blocks.

As far as I understand it, this complies with legislation, as whilst unisex facilities exist somewhere in the school, the option to use single-sex facilities is also available for all children over the age of 8.

However, at lunchtime, children have access to a restricted number of toilets - for absolutely common sense reasons (namely: not allowing children to maurad throughout the entire school without supervision). However, at lunchtime this means there is no access to single-sex provision.

Am I right in thinking this is not legal, or are we still at the stage where we are waiting for absolute clarity from the Department of Education? I don't want to quote information to the headteacher that's not absolutely correct, as he has previously been dismissive of these concerns.

I'd chip in top

Depending on how they operate, that would possibly come under Approved Document T (2024). Look at p.4 for exemptions.

https://assets.publishing.service.gov.uk/media/6901feb971b575684c3cf7c4/ADT_2024_rev16Jun25.pdf

It’s obvious that they should change it back to girls and boys. If they refurbish they will have to consider the above document which clearly states unisex can be considered after single sex. Mixed sex cubicles is not an option.

Could you perhaps read the thread to gain insight into the discussion?

Your comment strikes me as being somewhat purile.

Bog off perv.

We almost agree. Periods are not shameful and absolutely boys need to be educated in this.

However, if you are a 9 year old girl and you’ve started your periods and are already feeling alone (none of your friends have started yet), do you really feel ok about being used as a prop to educate the horrid Y6 boy who tells all his friends?

Children are also taught not to be racist or homophobic but every term governors get behaviour reports showing exactly these incidents.

Children aren’t perfect. Adults need to afford them dignity and privacy, not use them as a teaching case.

This is amazing thank you. I’ll have read through and see what I can raise.

The power of Mumsnet.

From the new links for schools - these are relevant bits I found for a different poster:
5.1.24 Sanitary product dispensing machines
• Extent: Minimum one machine per female toilet suite, or as specified in the Project Brief, for use from and including KS2 onwards (may be supplied by a service provider to School/College)
• Location: In common areas used only by females, not in an individual cubicle/room and not visible from circulation areas
• Mounting height (to underside): 850-1000mm
5.1.25 Sanitary product disposal bins
• Extent: One for every female toilet cubicle or universal toilet room, or as specified in the Project Brief, for use from and including KS2 onwards (may be supplied by a service provider to School/College)
• Location: On the floor adjacent to the toilet pan
3.22 Personal care (PCS)
Table of toilets ratios for pupils and students
Note: In male toilets, for Post 16 only (including FE/colleges),
urinals can be provided with the following ratio: 1.5 urinals for every WC pan replaced. Where selected, at least 40% of facilities shall be provided as WC pans.
In schools, in separate toilets for boys and girls, at least one toilet is provided in accommodation for use by ambulant disabled pupils.
In schools, in separate toilets for boys and girls, where there are four or more toilets, one of these is an enlarged toilet for use by pupils who need extra space, in addition to any other provision.
*On each floor of any school block there shall be a standalone toilet facility provided in a room that can be secured from the inside and is intended for use by one pupil at a time.
Where there are four or more toilet rooms in a cluster, one of these is to be enlarged for use by pupils who need extra space. In each group of toilets for Reception and Nursery pupils there shall be one wider cubicle to allow staff to give assistance.
my note: this used to be called gender neutral but is not anymore.
Glossary
Cubicle - A ventilated compartment, not self-contained, usually formed by the assembly of partition panels and located within a room.
Suite(s) - Collection(s) of Spaces and Clusters that need proximity or close relationship to function, for example, administration spaces, dining and kitchens, Primary classrooms and activity rooms.
This is taken from:
Pattern Book: 3.7 Primary classrooms; 3.22 Personal care
Technical Manual: 2.7 Internal walls and partitions; 2.8 Internal doors and glazed screens; 5.1 Sanitaryware and ancillaries

Edit: I don’t know what this means for schools built or toilets refurbished before this year. This is also just for England.

You are marvellous, @Keeptoiletssafe , thanks for laying all this out. Every time I read one of your posts I get educated.

Aren't we amazing in the global west? Our boys and men don't harass and assault girls and women any more.

Single sex provisions are only important for those in developing countries.

I taught at a sixth form college where students and staff shared some of these, in some areas of the estate.

@TheFeministGovernor this may be of interest - https://www.irwinmitchell.com/news-and-insights/expert-comment/post/102n7ox/gender-neutral-toilets-in-primary-school-breached-regulations-and-indirectly-disc

This is so clear and so helpful - thank you.

Does it make a difference legally that it was in Scotland?

Yes, quite a bit about the letter of the actual law, but the outcomes are pretty much the same this side of the border. Your school is almost definitely breaching the regs and likely indirect discrimination as well, in just the same way

That’s a lovely clear article. I have always discussed the difference between a room and a cubicle being integral to this. If you look at the picture, often what happens is you get boys one side of the sinks, and girls the other. This will be open to the common space, open to all. Sometimes the children themselves are more savvy and even if they are all ‘gender-neutral’ they self-designate sides as mentioned in the below booklet.

This is from Scotland 2019. It discusses principles (particularly regarding health and safety issues and door gaps) on p.4. Then many of the designs ignore them afterwards, mentioning ‘gender neutral’ 26 times. The ‘gender neutral’ toilet cubicles can be seen to be completely private. If they are not, they soon become so because of voyeurism problems. The next stage is misuse and incidents within the privacy of the cubicle.

Scottish designs 2019:
https://www.ads.org.uk/sites/default/files/2022-05/case-study-toilet-design-learning-environment-2019.pdf
Illustrations of what happens in mixed sex toilets with door gaps:
https://www.womensrights.network/school-toilets
Real life problems with mixed sex toilets without door gaps:
https://www.walesonline.co.uk/news/education/drug-dealing-drinking-dirt-problems-28517175

The irony of the "boys one side, girls the other" layout is that although it's mixed-sex it's still very obvious if someone uses the wrong side - so it doesn't work from a TRA perspective as well as a GC and safeguarding one. It doesn't work for anyone.