FOI Request - Single Sex Facilties

Request 101003771955

1.  Do Moray Council provide single sex facilities for local authority staff members?

2.  Do Moray Council provide single sex facilities for local authority service users?

3.  What types of single sex facilities do Moray Council provide for staff members and local authority service users?

4.  Do Moray Council permit individuals whose self-identified gender is the opposite to that of their biological sex access to single sex facilities which do not match their biological sex?

5.  What policies do Moray Council have in relation to the use of single sex facilities on local authority owned premises?

6.  What actions will Moray Council be taking in light of the UK Supreme Court ruling on 16.04.25 in For Women Scotland v The Scottish Government  to ensure the single sex facilities in Moray Council premises are used only by individuals whose biological sex matches the designated facilities?

Response 13-05-2025

1. Yes

2. Yes

3. Toilets, changing rooms and showers.

4. No, accessible toilets are an alternative safe space.

5. There is currently no internal Corporate policy that covers all services.  Individual services may have service specific guidance developed by their relevant governing or professional bodies, for example:
Education - 'Supporting Transgender Pupils in Schools' - Guidance for Scottish Schools - https://education.gov.scot/media/xpgo5atb/supporting-transgender-pupils-schools-guidance-scottish-schools_.pdf . Such guidance will require revision following the Court rulings as detailed in Q6 below.

6. 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). We are currently considering the implications of both cases in full and awaiting the Equalities and Human Rights Commission's (EHRC) update to their statutory and non-statutory guidance to help inform what action will be necessary. Meantime, the EHRC have issued interim guidance that will also be considered and incorporated - https://www.equalityhumanrights.com/media-centre/interim-update-practical-implications-uk-supreme-court-judgment.