Consultation on proposals to Update the School Premises (General Requirements and Standards) (Scotland) Regulations 1967: Analysis of Responses

6. Impact Assessments

This chapter considers responses to two impact assessment questions. Respondents were asked about positive or negative impacts on people with protected characteristics and on children’s rights and wellbeing.

Q24 – Please tell us about any potential equality impacts, either positive or negative, that you consider the proposal in this consultation may have, with reference to the ‘protected characteristics’ listed above. Please be as specific as possible.

Over three quarters of respondents answered Q24. However, many of these respondents restated points they had already made at different questions throughout the consultation.

The analysis below focuses on respondents' comments about the protected characteristics listed in Q24, listed from those that received the most comments to the least. This provides an overview of positive and negative impacts perceived by respondents, with reference to the questions where these issues have been detailed elsewhere in this report.

Gender reassignment

The most prevalent theme at Q24, mentioned by over half of those who left a comment, was concern that the division of toilet and washing facilities based on sex at birth could negatively impact transgender students. As detailed at Q8 and Q9, respondents felt that not allowing children to use facilities that correspond to their gender presentation could cause them physical and mental hardship throughout the school day.

Conversely, a small number of respondents felt that the proposed regulations could positively impact transgender students, as they felt the proposals, if funded correctly, could positively impact the lives of all students.

Disability

Many respondents mentioned potential negative impacts on disabled children and young people. While some respondents did not provide further details, others listed reasons mentioned earlier in this report. This included concerns around the light standards (Q13), provision of toilets (Q8), acoustics (Q1) and ventilation and air quality (Q14). A few respondents commented more broadly on the impact of mainstreaming and the lack of specialist care in schools for children with additional support needs.

However, several respondents expressed the view that the proposals were likely to have a mainly positive impact for disabled children and young people, including improved accessibility and comfort, such as improved toilet and washing facilities, wellbeing spaces, lighting and acoustics. Some respondents reiterated the importance of ensuring the regulations are adequately funded and effectively implemented across Scotland to ensure these benefits are realised.

Sex

Many respondents felt that there could be negative impacts for girls and women if hygiene, changing, and toilet and washing facilities are not provided on a single-sex basis. Respondents reiterated the concerns that were noted at Q9, as they expressed the view that the reduction of access to sex-based facilities would violate the Equality Act 2010.

Conversely, potential positive impacts of the proposed regulations for girls were mentioned by some respondents. They felt that provision for gender neutral facilities could positively impact girls’ equality and dignity.

Religion and ethnicity

A few respondents mentioned possible negative impacts on certain religious and ethnic groups if the division of hygiene and changing facilities was not based on sex.

However, a few other respondents felt that more modern, flexible spaces could positively support different religious needs and uses.

Age

Positive impacts for younger children were mentioned by a few respondents. They felt that the proposed regulations could create age-appropriate learning environments that are beneficial for all pupils.

A few respondents expressed concern about possible negative impacts on younger children, but did not provide further details. Concern about the challenges around updating older primary schools was mentioned by one individual as possibly disadvantaging younger, primary-aged children.

Q25 – Are there any aspects of a child’s rights or wellbeing that you think might be affected either positively or negatively by the proposals covered in this consultation?

Just over three quarters of respondents answered Q25. Many respondents reiterated key points made throughout the consultation, including repeating those raised at Q24. Other respondents provided much broader perspectives on approaches to learning, education, and school-related topics that extend beyond the scope of this consultation. These have not been included here, given the report’s focus on the proposed changes to the regulations; we would direct the reader to review published responses on Citizen Space.

Rights and wellbeing of transgender children

The most prevalent theme, mentioned by just under half of respondents who left a comment, was a concern about the impact on wellbeing and rights of transgender students who could find themselves unable to use the toilets of their choice. This is discussed in greater detail at Q8 and Q9. However, in response to Q24, respondents provided more detail about the potential impact of decisions on future regulations on the wellbeing of transgender students. These respondents highlighted the possibility of an increase in bullying, risks of violence, self-harm, suicide, abstaining from food and drink throughout the school day and lower levels of tolerance from peers if transgender students are forced to use toilets aligning with the sex at birth or specific facilities for transgender students.

“If trans young people are unable to use the right toilets, they could feel unwelcome or disrespected, their confidence and self-esteem might be diminished, and ultimately this would affect attendance and attainment – their right to education (Articles 28 and 29).” - Scottish Youth Parliament

Rights to outdoor spaces

Many respondents mentioned a child’s right to play and learn outdoors. Some did not reflect on that in relation to the consultation directly. A few others explicitly noted that the proposals could positively impact the children’s wellbeing by improving outdoor access and environmental standards. See Q2, Q5 and Q6 for more details.

Gender Equality Taskforce for Education and Learning (GETEL) mentioned that access to outdoor spaces can be unequal across gender identities and ethnicity. They noted a study that suggests having a variety of outdoor spaces increases physical activity in girls.

“Recent research into pre-school children’s access to outdoor and green spaces found that girls and minority ethnic children spend less time playing outdoors, and anecdotally, teachers report unequal access to outdoor areas including sports grounds, for example football pitches.” - Gender Equality Taskforce for Education and Learning (GETEL)

Additional support needs

Greater consideration in the regulations of the different needs of disabled and neurodivergent children was mentioned by many respondents. Some did not provide further details, while a few others felt that the regulations must support accessible schools for children with additional support needs, whether that is at a local or national level.

“Increased local flexibility without strong national standards may lead to unequal provision, affecting disadvantaged or additional support needs learners.” – North Lanarkshire Council - Forward Planning and Specification Team

Providing toilet and washing facilities by sex

Concerns around girls’ wellbeing and rights were mentioned by several respondents who felt that there would be negative impacts if current regulations did not explicitly state who can use which toilet and washing facilities or changing rooms. See Q8 and Q9 for more details.

“Ensuring adequate single-sex facilities for toilets, changing areas, and washing spaces is essential to protect privacy, dignity, and a safe environment for all pupils, particularly girls and other vulnerable children.” – Individual

Further consultation

Further consultation was requested by some respondents. Some of these felt that it was necessary to conduct a full Children’s Rights and Wellbeing Impact Assessment on any changes to the regulations. Others felt that it was necessary to speak to children about what they think is important for consideration in the regulations. GETEL suggested consultation with girls and women to understand their experiences of school spaces and inclusion should ensure consultation with the most marginalised groups.

“First and foremost, young people have a right to have their views considered and respected as outlined in the UN Convention on the Rights of the Child (Article 12). It is imperative that any changes to an individual school building, or the plans for proposed schools, involve children and young people.” - Scottish Youth Parliament

Other areas of concern

Less commonly mentioned concerns around children’s rights and wellbeing included the following, from most to least mentioned:

• Concern around school building infrastructure more generally, particularly older buildings and premises. Concern was raised about air quality, ventilation, lighting, outdoor spaces and playgrounds, and about age-appropriate design of primary schools in particular.
• Positive impacts of proposed wellbeing spaces (see Q11).
• Positive impacts of improved digital infrastructure, particularly for children in rural and island communities (see Q12).