Clarification on gender neutral provision for transgender pupils: FOI release
- Published
- 10 February 2026
- Directorate
- Learning Directorate
- FOI reference
- FOI/202500492885
- Date received
- 10 November 2025
- Date responded
- 1 December 2025
Information request and response under the Freedom of Information (Scotland) Act 2002.
Information requested
Page 22 of the Scottish Government's Supporting Transgender Pupils in Schools: Guidance for Scottish Schools says: "Education authorities and schools should consider the toilet provision necessary for transgender pupils. This may include the use of gender neutral provision."
It is not clear whether "gender neutral" refers to a room/space with cubicles that are used by both boys and girls (ie. a mixed-sex space), or an single-user room with WC/sink that can be used by either a boy or a girl (unisex room).
Could you please explain/define what is meant by "gender-neutral" in this context.
Response
The answer to your question is that currently there is no specification on what constitutes a gender neutral provision within a school. The paragraph's immediately preceding that which you have quoted from make some comment on gender neutral provision including that "The design of gender neutral facilities should ensure privacy for all young people. In practice, this should include features such as full height walls and doors and should take account of the particular needs of female pupils." However, the decision on what would constitute a gender neutral provision would be taken by an education authority or school in light of local circumstances, including the existing provision already made within the school.
The revised guidance reflects the current legal requirements as reflected within the Schools Premises Regulations 1967 and other practical arrangements which may be required. I confirm that it has been agreed that a consultation will commence later this year on proposed revisions to the 1967 Regulations.
About FOI
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Contact
Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000
The Scottish Government
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Edinburgh
EH1 3DG