Toilets in schools

What toilet facilities should schools provide?

There are regulations for schools to comply with specifying the facilities they must provide.

Local authority maintained schools are required to comply with Regulation 4 The School Premises (England) Regulations 2012, which states the following:

1. Subject to paragraph (3), suitable toilet and washing facilities must be provided for the sole use of pupils.
2. 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.
3. Where separate facilities are provided under paragraph (1) for pupils who are disabled, they may also be used by other pupils, teachers and others employed at the school, and visitors, whether or not they are disabled.
4. Suitable changing accommodation and showers must be provided for pupils aged 11 years or over at the start of the school year who receive physical education.

Independent schools and academies are required to comply with Regulation 23 The Education (Independent School Standards) Regulations 2014, which states the following:

1. Subject to sub-paragraph (2), the standard in this paragraph is met if the proprietor ensures that-
   1. suitable toilet and washing facilities are provided for the sole use of pupils;
   2. separate toilet facilities for boys and girls aged 8 years or over are 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; and
   3. suitable changing accommodation and showers are provided for pupils aged 11 years or over at the start of the school year who receive physical education.
2. Where separate facilities are provided under sub-paragraph (1) (a) for pupils who are disabled, they may also be used by other pupils, staff, supply staff, volunteers and visitors, whether or not they are disabled.

There is also Department for Education document titled 'Advice on standards for school premises' that provides additional guidance:

General planning

Toilet facilities need to be planned and designed so that:

1. hand washing facilities are provided within or in the immediate vicinity of every toilet;
2. the rooms containing them are adequately ventilated and lit;
3. they are located in areas around the school that provide easy access for pupils and allow for informal supervision by staff, without compromising pupils’ privacy.

Where there is unisex provision, the privacy of the occupant needs to be ensured and this will be achieved by, for example, having adequate enclosure and a full height door.

Facilities for disabled pupils

Each toilet for disabled pupils needs to contain one toilet and one washbasin (and possibly a shower or other wash down fitting) and have a door opening directly onto a circulation space that is not a staircase and which can be secured from the inside. Where possible, the number and location of accessible toilets will be sufficient to ensure a reasonable travel distance for users that does not involve changing floor levels.

Toilets and washing facilities for staff

Toilets and washing facilities for staff may be also be used by visitors. They should be separate from those provided for pupils, except where they are designed for use by those who are disabled.

Can a school restrict pupils using toilets at certain times?

Schools will have their own policies about when pupils can use toilets during the school day. There is no government guidance on this, so it is up to the school to decide what their rules are.

If you are not happy with a school's toilet policy, you should first discuss your child's specific needs with their teacher or headteacher to see if you can work out a solution. As an example, education settings have a statutory duty to support children with health conditions, including bowel and bladder problems. If a pupil has an identified continence issue that the school is aware of, they should be given a 'toilet card' or similar that allows them to go to the toilet when they need to. See the associated guidance on Supporting pupils with medical conditions in school. If you are dissatisfied with the school's response, you may lodge a formal complaint with the school.

Are schools required to allow transgender pupils to access the toilet that corresponds to their gender identity? 

Following the UK Supreme Court judgment in For Women Scotland v The Scottish Ministers, the Equality and Humans Rights Commission has released interim guidance. There is a small section on schools:

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.

Many schools will provide unisex toilets and trans pupils should be able to use these facilities, which should be sensitively and appropriately labelled.

The government has committed to publishing revised guidance for schools this year on supporting trans pupils in light of the Supreme Court judgement.