Where facilities are designated as single-sex, access should generally be determined by biological sex.
The legal clarification primarily affects facilities that are designated as:
- Female-only toilets
- Male-only toilets
- Single-sex changing facilities
- Single-sex sleeping accommodation
No.
Many church buildings may already be compliant, particularly where they provide:
- A single lockable toilet used by one person at a time;
- A gender-neutral accessible toilet;
- Simple facilities where privacy is already maintained using a lock.
Dioceses and Charges should consider whether their current arrangements remain clear, appropriate and lawful. This can be simply achieved with up to date and clear signage.
In most church buildings, accessible toilets are already single-user lockable rooms. Where this is the case, they will often continue to provide a practical option for a wide range of users.
Accessible toilets should not be redesignated in a way that reduces accessibility for disabled people.
The Scottish Episcopal Church is committed to treating every person with dignity, respect and compassion. The legal position relating to single-sex facilities and the pastoral care of individuals should not be confused with this underlying commitment.
While vestries must ensure that facilities comply with current legal requirements, they should continue to:
- Welcome all people respectfully;
- Avoid intrusive questioning;
- Protect privacy and dignity;
- Address concerns sensitively;
- Challenge bullying, harassment or inappropriate behaviour.
The objective is to provide lawful facilities while maintaining a church environment that is welcoming and respectful.
Most concerns can be addressed through calm discussion and practical solutions.
Where concerns arise:
- Listen respectfully.
- Avoid making assumptions.
- Focus on the facilities rather than individuals.
- Consider whether a practical alternative exists.
- Seek advice where necessary.
Any complaint should be handled through the Scottish Episcopal Church’s normal or safeguarding procedures, as appropriate.
Where halls or church buildings are hired to external organisations, trustees remain responsible for the facilities provided within the premises.
It may therefore be helpful to:
- Inform hirers of the facilities available;
- Ensure signage is clear;
- Include reference to facility arrangements within terms of hire where appropriate.
Toilet Facilities Assessment Template
For many premises, no immediate changes may be required. The review is simply an opportunity to understand current arrangements and ensure that facilities remain suitable, safe and compliant with current legal requirements.
Once completed:
- Retain the review as part of the vestry’s governance and compliance records.
- Consider any actions identified through the review process.
- Seek further advice of the Diocese or General Synod Office where significant changes to facilities are being considered.
- Revisit the review form every 3 years, if facilities are altered, concerns arise, or the supporting guidance changes.
We only have one toilet. What should we do?
If the toilet is a single lockable room used by one person at a time, no immediate change may be required as the toilet may be used by both sexes. Review signage and record the vestry’s position in the review form.
We only have an accessible toilet.
If it is a single-user lockable room, it will often continue to function effectively for a wide range of users.
Do we need separate toilets for every group?
No. The law does not require every church to undertake building works or install new facilities. You just need to ensure that your signage is up to date and there are available options for all users of your facilities.
Must we ask people about their sex?
No. Vestries should focus on providing lawful facilities and managing the premises appropriately. Personal situations should be handled sensitively and respectfully.
Are we expected to become experts in equality law?
No. The aim is simply to ensure that the Dioceses and Charges have considered the issue of single-sex facilities and taken a reasonable and proportionate approach.
The General Synod Office can provide guidance and practical support to assist Dioceses and Charges in understanding the implications of current legal requirements. However, responsibility for decisions relating to local premises remains with the relevant Diocese and Charge.
Guidance will continue to be updated as further information becomes available from government, regulators and the courts. The legal position in this area continues to develop and additional guidance may be issued in due course.