Gender-neutral washrooms are increasingly popular in schools and universities.But washrooms in schools and other public buildings are subject to a broad range of rules and regulations.
As well as building codes and government regulations, educators need to have a clear understanding of equalities legislation and what it means in practice.
School and university leaders also need to be aware of an ongoing consultation into the provision of toilets for men, women and other genders.
A gender-neutral washroom is a washroom that can be used by a person of any gender or gender identity.
Gender-neutral washrooms are legal in schools, but most schools must also provide separate boys and girls bathrooms for pupils aged 8 and over.
The government is clear that individual schools know what’s best for their pupils and parents and it is up to administrators whether they provide unisex or gender-neutral facilities.
With this said, it’s important to remember that gender-neutral facilities can be controversial and – in some cases – deeply unpopular. This is most often the case when a gender-neutral washroom has been poorly designed or implemented.
We encourage all architects and school leaders with an interest in this area to read our guide to gender-neutral washroom design for education.
Gender-neutral washrooms are legal in universities. There are fewer regulations governing the provision of washrooms in universities compared to schools.
It’s still recommended that universities provide a combination of gendered and non-gendered facilities to meet everybody’s preferences.
The laws and regulations covering the provision of gender-neutral washrooms in schools and universities are complicated and – in some parts – open to interpretation.
Here, we’ve tried to provide a brief introduction to some of the most important legislation, plus details of an ongoing consultation that could decide washroom provision in the future.
Regulation 4 states that “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.”
Vague language means that some groups have interpreted these rules differently.
Campaign group Woman’s Place UK argues that it means that “any single cubicle provision should be in addition to, not instead of, separate provision for male and female pupils.”
This appears to be backed up by some 2018 guidance on gender separation by the Department for Education. They say: “Separate toilet and washing facilities must be provided for boys and girls aged 8 years and over pursuant to Regulation 4 of the School Premises (England) Regulations 2012, which falls within the exemption provided for in Schedule 22 of the Equality Act 2010.”
Our understanding of Regulation 4 is that schools must provide separate boys and girls facilities to students over 8 years old. They can also provide additional gender-neutral facilities, but these toilets must be fully enclosed either through the use of self-contained superloos or full-height privacy cubicle doors and walls.
You can learn more about best practice gender neutral washroom design in our education design guide.
Says people must not be discriminated against because their gender identity is different from the sex assigned to them at birth.
Under the Equality Act, protected groups should be protected from discrimination in a wide range of places, including while in education.
The Equality Act covers indirect discrimination as well as direct discrimination. Indirect discrimination is when there’s a practice, policy or rule which applies to everyone in the same way, but it has a worse effect on some people than others.
If a new public building did not have an option for gender-neutral toilets, this could be an example of indirect discrimination, according to the NHS Gender Identity Development Service.
Established the Gender Recognition Panel, which can legally recognise a transexual person’s acquired gender and issue a new birth certificate.
Says that washbasins can either be in a self-contained room or in an adjacent room, which has implications for self-contained superloos.
Specifies additional standards for accessible toilet facilities to accommodate those with a disability (as well as wider needs such as those of people of either sex with small children).
Covers the need for ambulant disabled people, wheelchair users, parents, carers and guardians, religion, gender and sex.
Provides information on the number of facilities required in school buildings, but without any requirements for gender-neutral facilities.
In 2021, the government launched a review on the provision of toilets for men and women. The review notes that: “Women often have to face excessive queues for toilets or don’t have access to appropriate facilities that meet their needs when out.”
It continues: “there has been a trend towards the removal of well-established male-only/female-only spaces when premises are built or refurbished, and they have often been replaced with gender-neutral toilets”.
The consultation aims to look at the ratio of female to male toilets, taking into account the needs of other members of the community to ensure there is “fair provision of accessible and gender-neutral toilets.”
The outcome of this consultation is difficult to predict and some rumours from sources working on the project have been confusing and contradictory.
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