Question to the Department for Education:

To ask His Majesty's Government what guidance they plan to issue about school policies which allow children to go to the toilet only during morning break and lunchtime, particularly where there are not enough toilets to accommodate all children during those times.

The advice on standards for school premises (2015) is clear that suitable toilet and washing facilities must be provided for the sole use of pupils. It is for schools to find reasonable ways, in accordance with the law, to balance every child’s right to access clean and safe toilet facilities when they need them, with every child’s right to have a safe and calm environment to learn in.

All schools are required by law to have a behaviour policy which outlines effective strategies that will encourage good behaviour. It is for school leaders to develop and implement a policy which reflects their school’s individual contexts and needs. Any policy must be lawful, proportionate, and reasonable and comply with the school’s duties under the Equality Act 2010 and the Education and Inspections Act 2006.

The 'Behaviour in schools' guidance provides advice on how schools should use sanctions lawfully, including the need for a consistent approach and any adjustments that may need to be made.