Toilet provision in Scottish Government workplaces: FOI release

Information requested

I am writing to request information from government within the context provided by the Freedom of Information (Scotland) Act 2002.

This relates to the provision of toilets in Scottish Government workplaces, and I would ask you to provide:

• When was the last time [month and year] that in government workplaces the provision of toilets, as set down in the Workplace (Health, Safety and Welfare) Regulations 1992, were provided separately for use by women-only and by men-only, as in binary and biological?
• When was it [month and year] that government departed from the Workplace (Health, Safety and Welfare) Regulations 1992 in the provision of toilets, as above, and introduced provision which allowed ‘trans’ women to use women’s toilets and ‘trans’ men to use men’s toilets as well as the introduction of unisex or gender-neutral toilets?
• What was the basis of this decision and what were the specific aims set out for the policy change? Please provide a copy of the final policy paper which was approved [and by whom] as presenting the basis for changing previous policy and enabling toilet provisions for ‘trans’ men and ‘trans’ women in government workplaces?
• What costs were incurred as a result of agreeing and implementing the policy change?
• Please provide a copy of the Equality & Diversity Impact Assessment [EDIA] which was carried out on the policy change.
• What review arrangements were agreed in the EDIA to check that the aims of the policy change were being met as well as a check to ensure that there were no adverse impacts on members of the workforce?
• Please provide a copy of the most recent review called for in the EDIA.
• Has government yet completed a review of toilet provision arrangements in the workplace as a result of the Supreme Court judgement earlier this year?
• Please provide a copy of the most recent draft of how government plans to change toilet provisions in the workplace as a result of the judgement, including estimates of the costs associated with the required changes?

Response

I enclose, within this reply, some of the information you have requested. This is because some of the information you have requested is already reasonably accessible to you, and because Scottish Government does not hold some of the information you have requested.

I will outline each of your individual requests noted above and outline a response to each.

In reply to the following requests:

1. When was the last time [month and year] that in government workplaces the provision of toilets, as set down in the Workplace (Health, Safety and Welfare) Regulations 1992, were provided separately for use by women-only and by men-only, as in binary and biological?
2. When was it [month and year] that government departed from the Workplace (Health, Safety and Welfare) Regulations 1992 in the provision of toilets, as above, and introduced provision which allowed ‘trans’ women to use women’s toilets and ‘trans’ men to use men’s toilets as well as the introduction of unisex or gender-neutral toilets?
3. What was the basis of this decision and what were the specific aims set out for the policy change? Please provide a copy of the final policy paper which was approved [and by whom] as presenting the basis for changing previous policy and enabling toilet provisions for ‘trans’ men and ‘trans’ women in government workplaces?

The Scottish Government does not have the information you have asked for because Scottish Government have not departed from the toilet provision required by the Workplace (Health Safety and Welfare) Regulations 1992.

We hold information that indicates gender neutral toilets were introduced as part of a refurbishment programme across some Scottish Government Buildings in or around 2018. There was no change in policy. As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

Some of the information you have requested is available from Scottish Government's Transgender Policy: FOI release - gov.scot. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

In reply to the following request:

1. What costs were incurred as a result of agreeing and implementing the policy change?

There was no policy change. The Scottish Government does not have the information you have asked for.

As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

In reply to the following requests:

1. Please provide a copy of the Equality & Diversity Impact Assessment [EDIA] which was carried out on the policy change.
2. What review arrangements were agreed in the EDIA to check that the aims of the policy change were being met as well as a check to ensure that there were no adverse impacts on members of the workforce?
3. Please provide a copy of the most recent review called for in the EDIA.

The information you have requested is available from SG trans policy and guidance review 2021/2022: equality impact assessment - gov.scot. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

In reply to the following requests:

1. Has government yet completed a review of toilet provision arrangements in the workplace as a result of the Supreme Court judgement earlier this year?

Some of the information you have requested is available from Scottish Government toilets and associated washing facilities information: FOI release - gov.scot. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

In reply to the following request:

1. Please provide a copy of the most recent draft of how government plans to change toilet provisions in the workplace as a result of the judgement, including estimates of the costs associated with the required changes?

Scottish Government are reviewing its policies to ensure compliance with the Supreme Court ruling in For Women Scotland Ltd v The Scottish Ministers (April 16, 2025), which clarifies that, under the Equality Act 2010, the definition of "woman" refers to biological sex only.  This review includes our employer policy regarding the use of facilities available across the Scottish Government estate which states that trans colleagues should use the facilities they are most comfortable with.

As a responsible employer, we are committed to ensuring that any changes to the provision of and use of facilities across our estate comply with all our legal obligations and involve consultation with our workforce. This is a complex area of law involving the interaction between different pieces of legislation, and we want to ensure we get it right for all our staff and visitors.

A further detailed facilities review is being commissioned alongside the work being done to review our policies on the use of facilities to prepare for any changes required. Cost estimates are not currently available.

The Scottish Government therefore does not have the information you have asked for. As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.