FOI Request - Single-Sex Facilities

Request 101003951633

1. Does your local authority provide any guidance to leisure centres operated by this local authority on the provision of single-sex facilities?

2. If the answer to (1) is yes please could you provide a copy of that guidance.

Response 26-03-2026

1. 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). The final updated European Human Rights Commission (EHRC) national code of guidance has been submitted to government but is still awaiting approval and publication. Moray Council are waiting for publication of the national guidance before developing any internal guidance. In the interim period Moray Council have advised services as follows in Q2 below.

2. 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. On that basis we believe that all facilities operated by the Council are legally compliant with the ruling / guidance, therefore currently acting lawfully in this respect.