Government of Jersey, non fee-paying School Toilet Facilities

​​​Request ​844419851

Subject: Toilet and sanitary facilities in Jersey non-fee-paying schools – lawfulness and compliance with UK Supreme Court ruling on biological sex.

1. Current provision of toilet facilities Please provide a summary (by school type: primary / secondary / special, and/or aggregated) of toilet and sanitary facilities in all non-fee-paying Government of Jersey schools. Specifically: How many schools provide fully single-sex toilet accommodation (biological sex) with separate cubicles and separate washbasin areas for boys and for girls? 

2. How many schools have gender-neutral, unisex, or mixed-sex main toilet areas (including any where washbasins are shared)? How many schools provide only gender-neutral toilets for pupils? Please include the number of individual cubicles designated male / female / non-assigned / accessible in each category. 

3. Policies and Guidance Copies of all current (or latest) policies, guidance notes, or internal memoranda issued by the Government of Jersey / Education Department to schools concerning: the provision or designation of toilets, changing rooms, or sanitary facilities; transgender or gender-questioning pupils’ access to facilities; any reference to single-sex spaces or biological sex. 

4. Compliance assessment post-ruling Copies of any internal reports, legal advice, risk assessments, Equality Impact Assessments, or correspondence (including with Law Officers’ Department) produced or received between 16 April 2025 and the present date that discuss, assess, or address: the implications of the UK Supreme Court judgment [2025] UKSC 16 and/or the Jersey and Guernsey Law Review June 2025 article for school toilet / sanitary provision; or the lawfulness of existing toilet arrangements in light of the above. 

5. Complaints and concerns The number of complaints, concerns, or representations received by the Education Department or individual schools from parents, pupils, or staff since 1 January 2025 regarding: shared / gender-neutral / mixed-sex toilet facilities; privacy, safety, or dignity issues for girls (or boys) in toilet areas. Please provide a brief anonymised summary of the nature of these concerns and any actions taken. 

6. Forward plans Any plans, proposals, budget allocations, or timelines for: re-designating or re-configuring toilet facilities to ensure full single-sex provision based on biological sex; or updating school premises standards / guidance in light of the above legal authorities. 

Any other relevant information

Any other held information or documents that would assist in understanding the current lawfulness of toilet provision in Jersey schools following the UK Supreme Court ruling and the Jersey and Guernsey Law Review analysis.

Response

Each education setting is different in context due to the age and design of the buildings. The development of toilet facilities for students and staff will be dependent on the needs or risk assessments of the cohort at any given time.

Toilets in Primary Schools, particularly at Key Stage 1, are often attached to classrooms for ease of access to adult support if required. This is reflected in the higher proportions of non-assigned toileting facilities.

1. The following Government of Jersey, non fee-paying education settings offer fully single-sex toilet facilities with separate cubicles and separate washbasin areas for girls and boys:

​All Government of Jersey, non fee-paying education settings offer free sanitary products.

2. The following Government of Jersey, non fee-paying education settings have gender-neutral, unisex, or mixed-sex toilets (including anywhere washbasins are shared) for students:​

None of the Government of Jersey, non fee-paying education settings offer only gender-neutral toilets for students.

The following Government of Jersey, non fee-paying education settings have accessible toilets for students:

The number of individual cubicles designated male / female / non-assigned / accessible, in Government of Jersey, non fee-paying education settings can be found in Attachment 1.

FOI 844419851 Attachment 1.pdf​

3. All existing policies within CYPES are published and available through the Government of Jersey website. Article 23 of the Freedom of information (Jersey) Law 2011 is applied.

Policies that are applicable to this subject can be found at the following links:

Equalities in Education Policy:

https://www.gov.je/SiteCollectionDocuments/Education/P%20Equalities%20in%20Education%20Policy%2020260309PS.pdf​

All additional Education Policies can be found at this link: 

https://www.gov.je/Government/Departments/Education/pages/policies.aspx

4. Information in relation to compliance with the UK Supreme Court judgment can be found in this previous FOI response: gov.je/government/freedomofinformation/pages/foi.aspx?ReportID=9025​

No changes have been made since the publication of this FOI, and the review date for the guidance therein is March 2027. Article 23 of the Freedom of information (Jersey) Law 2011 is applied.

5. The Government of Jersey education settings that have received complaints, concerns, or representations can be found in Attachment 2.

FOI 844419851 Attachment 2.pdf​

6. Under the Freedom of Information framework, the Scheduled Public Authority (SPA) is only required to provide information that is held at the time a request is received. We are not

obliged to provide information about future intentions, projections, or actions that have not yet been recorded.

Accordingly, we can only disclose information that is currently held in recorded form and within the scope of your request. We do not hold recorded information relating to any future plans, proposals, budget allocations, or timelines for: re-designating or re-configuring toilet facilities to ensure full single-sex provision based on biological sex; or updating school premises standards / guidance, therefore this element of your request cannot be fulfilled. Article 3 of the Freedom of Information (Jersey) Law 2011 is applied.

Articles Applied

Article 3 - Meaning of “information held by a public authority”

For the purposes of this Law, information is held by a public authority if –

(a) it is held by the authority, otherwise than on behalf of another person; or

(b) it is held by another person on behalf of the authority.

Article 23 - Information accessible to applicant by other means

(1) Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.

(2) A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information.​