FOI Request - Supreme Court Ruling Impace on Single Sex Spaces for Transgender Pupils

Request 101003839678

Please can you send me the following information under the Freedom of Information Act, in regards to guidance sent to schools in the local authority area relating to policies on single sex spaces, such as toilets and changing rooms, for transgender pupils.

Any guidance, meeting notes, memos, or correspondence, both internal and external, relating to the Supreme Court ruling on April 16 2025 and/or the Equality and Human Rights Commission (EHRC) interim guidance published on April 25 2025 ,and the impact this will have on transgender pupils and single sex spaces.

Could you also please clarify whether or not the local authority has changed its position on its policies for transgender pupils in schools, and if so when and why. Please provide any documentation, notes, or correspondence relating to this decision.

Please provide information covered by the above from April 16 2025 to date.

Response 12-09-2025

As a Council, we recognise the clarity provided by the Supreme Court ruling in this case, as well as the recent Court of Session case involving Scottish Borders Council (where the judge ordered that Scottish schools must provide single-sex toilets for students) and the subsequent EHRC interim guidance to be found here: https://www.equalityhumanrights.com/media-centre/interim-update-practical-implications-uk-supreme-court-judgment

Internal discussions were held to establish advice to service managers. Moray Council provide male, female and accessible facilities.  The Council currently advise that transgender individuals who do not wish to use the toilets of their biological sex, use alternative accessible toilets.  

Prior to the Supreme Court Ruling, the following guidance was available for Scottish Schools - Scottish Government Supporting Transgender Pupils in Schools – Guidance for Scottish Schools - to be found here: https://www.gov.scot/binaries/content/documents/govscot/publications/advice-and-guidance/2021/08/supporting-transgender-young-people-schools-guidance-scottish-schools/documents/supporting-transgender-pupils-schools-guidance-scottish-schools/supporting-transgender-pupils-schools-guidance-scottish-schools/govscot%3Adocument/supporting-transgender-pupils-schools-guidance-scottish-schools.pdf

The ruling means the ‘Toilets and changing rooms’ section of this guidance will need revised by the Scottish Government.  Moray Schools are now advised to adhere to the EHRC Interim Update in the practical implications of the UK Supreme Court judgement, which can be found here: https://www.equalityhumanrights.com/media-centre/interim-update-practical-implications-uk-supreme-court-judgment