Question to the Department for Education:

To ask His Majesty's Government, following the decision of the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, what plans they have to ensure that state schools provide same-sex toilets and changing facilities for (1) pupils, and (2) staff.

Single-sex spaces based on biological sex are protected in law and will always be protected by this government.

Under the Premises Regulations (2012) and Independent School Standards (2014) which apply to all maintained schools, academies and free schools, responsible bodies (such as school governing bodies, academy trusts or local authorities) are required to ensure that suitable toilet and changing facilities are provided. Regulation 4 states “separate toilet facilities for boys and girls aged 8 years or over must be provided except where the toilet facility is provided in a room that can be secured from the inside and that is intended for use by one pupil at a time”.

The responsibility for complying with the standards and regulations lies with the appropriate responsible body for the school.