Teachers Demand Urgent Clarity from Scottish Government on Single-Sex Spaces After Court Ruling

Scottish teachers say they’re stuck in legal limbo over sex-based policies in schools, and they want clear, updated rules—fast.

Confusion over toilets, changing rooms, and how to support trans pupils in line with the law is mounting after a Supreme Court judgment redefined legal sex as biological sex. And now, staff are saying they can’t wait any longer.

Classroom Pressure Is Growing as Legal Uncertainty Bites

The Scottish Secondary Teachers’ Association (SSTA) has issued a direct call to ministers: scrap the old transgender guidance from 2021 and replace it—immediately.

The 2021 document, which said trans pupils should be supported in using facilities matching their gender identity, is no longer legally sound, according to the union. Following last year’s landmark Supreme Court ruling on the definition of sex in the Equality Act, schools are now expected to follow a stricter, sex-based interpretation of the law.

But no updated guidance has been published yet.

“It’s not like schools can just put this off. Transition time for P7 pupils is coming up and parents will ask what’s happening with changing rooms,” said Gordon West of the SSTA. “Teachers are left hanging. We’re told to uphold the law, but with no idea how to apply it.”

Scottish Government Says Wait, But Patience Is Wearing Thin

First Minister John Swinney has said new sex-based rights guidance is in the works. But the government is holding off until the Equality and Human Rights Commission (EHRC) publishes its revised code of practice—expected by summer.

That’s not quick enough for teachers.

A Scottish government spokesperson said a “Short Life Working Group” had been set up to prepare for the EHRC guidance. But critics say that’s just kicking the can down the road.

In the meantime, Holyrood itself has acted. The Scottish Parliament last week restricted access to women’s toilets at its building to biological women, in direct response to the court ruling. It also announced the installation of a new gender-neutral facility.

So why the delay in schools?

“Parliament can move fast, but ministers can’t? It’s frustrating,” West said. “We’re bound by the same law today, not three months from now.”

Outdated Guidance Is Still In Use—And That’s a Problem

The Scottish government’s 2021 guidance was shaped in a very different legal and political climate. It told schools that there was “no law in Scotland” mandating sex-based toilet or changing room use.

It also said transgender pupils shouldn’t be forced to use facilities matching their birth sex.

Now, that wording is at odds with what the Supreme Court has ruled.

Here’s the core conflict:

• The 2021 guidance encourages schools to allow access based on gender identity.

• The Supreme Court ruling reasserts that biological sex is the legally protected category in the Equality Act.

The SSTA argues that these contradictions could leave schools in breach of the law, whether they follow the old guidance or not. That puts staff in an impossible position.

One paragraph, one sentence: Teachers feel exposed.

Trans Pupils Still Protected, But Legal Landscape Is Shifting

The court ruling clarified the definition of sex—but not to erase the rights of transgender people.

Lord Hodge, deputy president of the UK Supreme Court, was careful in his language. He acknowledged that trans people remain a vulnerable group, and that protections against discrimination, harassment, and indirect harm still apply under the Equality Act.

So, what does this mean for schools? According to experts:

• Trans pupils cannot be forced out of schools or denied education.

• But access to single-sex spaces may now require more careful legal justification.

• Gender-neutral options will be essential.

The NASUWT teaching union echoed concerns at its annual conference, warning that the ruling could risk a spike in hate crimes or exclusion if not managed sensitively.

“Balance is key,” one secondary teacher in Edinburgh said. “We want all kids to feel safe, but we also need to follow the law. Right now we’re getting mixed signals.”

Growing Political Tensions Over Delays

The delay in guidance has triggered sharp political reactions, especially from opposition benches.

Scottish Conservative equalities spokeswoman Tess White criticised ministers for dragging their heels.

“It’s ridiculous,” she said. “Public bodies now feel they have to go public just to push the government to act. Teachers, pupils, and parents are all stuck in limbo.”

This isn’t the first time gender policy has caused friction at Holyrood. The Gender Recognition Reform Bill—which aimed to make it easier for people to change their legal gender—was blocked by Westminster last year, sparking a constitutional clash and fuelling debate over Scottish independence.

Now, the same tensions are being played out in school corridors and staff rooms.

Schools Seek Clear Rules Ahead of Pupil Transitions

With the school year nearing its end, transition visits for Primary 7 pupils are looming. Teachers say this is when confusion will come to a head.

“Parents will ask: what toilets will their child be using? What changing room? And we won’t have a straight answer,” said one guidance teacher from Glasgow.

Teachers are worried they’ll either:

• Break the law by sticking with outdated guidance.

• Or violate pupil rights by trying to guess what the new rules will say.

Neither is a good look.

A quick look at the timeline:

Even if the government is waiting for the EHRC’s summer update, many believe an interim statement is urgently needed—if only to reduce fear of getting it wrong.

Because right now, teachers are stuck.