Equality and human rights commission interim statement

The Equality and human rights commission (EHRC) has provided interim clarity for schools following the recent supreme court judgement.

EHRC states that schools must provide separate single-sex toilets for boys and girls over the age of 8. It is also compulsory for them to provide single-sex changing facilities for boys and girls over the age of 11.

Pupils who identify as trans girls (biological boys) should not be permitted to use the girls’ toilet or changing facilities and pupils who identify as trans boys (biological girls) should not be permitted to use the boys’ toilet or changing facilities. Suitable alternative provisions may be required

Their updated guidance will be available in due course. They are working at pace to incorporate the implications of the Supreme Court’s judgment and aim to provide the updated Code of Practice to the UK Government by the end of June for ministerial approval.

Schools Week report that lawyers at Browne Jacobson said senior leaders and governors “should pause and understand their organisation’s position before reacting to the ruling”.

The use of single-sex spaces in schools “may need re-evaluation”. But schools “should consider the safety, privacy and dignity of all students while seeking ways to accommodate everyone’s needs”.

“It’s hoped further clarity will arrive with new government guidance.”