New guidance shared for trans-inclusive toilet provision

The advocacy group Third Sector Against Transphobia has published a practical resource to help organisations such as museums ensure their toilet provision is trans-inclusive following changes to statutory guidance.

The Equality and Human Rights Commission’s Code of Practice, which became statutory in August in England, Scotland and Wales, states that public toilets should be organised based on “biological sex” rather than gender identity.

This follows the UK Supreme Court ruling in April 2025 that found the terms “man” and “woman” and the protected characteristic of “sex” in the Equality Act 2010 refer to biological sex. The court also ruled that a Gender Recognition Certificate does not change a person’s sex for the purposes of the act.

Behind Closed Doors: A Practical Guide to Creating Trans Inclusive Toilets is free to access and covers different options as well as providing advice on consulting with stakeholders, staff training and signage.

While it does not constitute legal advice and is not intended to replace the need for organisation-specific specialist legal advice, the resource states that organisations can be trans-inclusive and remain compliant with the law.

It says that leaders and trustees navigating the revised code of practice should start by assessing the facilities they already have, understanding who uses them and what they use them for.

“There is no single toilet arrangement that every organisation must adopt. Consider privacy, dignity, safety, accessibility, capacity and choice - and make decisions that work for your whole community,” it says.

“Document your thinking and decision-making and create a clear policy that illustrates why you have made your toilet provision choices.”

Training staff to deal with concerns and ensuring you communicate what facilities toilets contain, for example, urinals or baby changing tables, is core, the guidance continues.

In Practice

The briefing includes different scenarios to help illustrate the options available. In one, it presents a museum undergoing a refurbishment that is considering creating a separate “transgender toilet” to accompany its male and female toilet provision.

“Universal loos are excellent for lots of groups of people – go ahead and create this toilet but don’t centre trans people in signage or communications,” the guidance advises. “It singles them out and suggests that they should use a separate facility to other visitors.”

Elsewhere, a community centre with separate male and female toilet facilities and shared handwashing facilities is unsure what it needs to do to remain trans-inclusive.

The resource suggests signage to make it clear that communal facilities are trans-inclusive, and providing an individual lockable toilet with a washbasin for anyone who feels uncomfortable using the communal facilities.

In another scenario, a theatre has male and female toilets throughout its building as well as a small number of individual accessible toilets. The resource says the most inclusive solution would be to designate some or all of the single sex toilets as “mixed sex”, with people who didn’t want to share a trans-inclusive toilet able to use the accessible facilities. However, it warns this might negatively impact toilet provision for disabled people.

Third Sector Against Transphobia, which was formed in late 2025 in response to increasing numbers of charities changing their policies and practice because of pressure or complaints, or due to the fear of legal challenge, is a network of more than 700 charity professionals, volunteers and allies.

Its founder, the fundraising consultant Kevin Taylor-McKnight, posted on LinkedIn: “In Third Sector Against Transphobia, we believe everyone should be able to access public services, cultural provision, and community spaces with dignity, safety and respect - without having to hide or compromise who they are.

“Access to safe, appropriate and dignified toilet facilities is an important part of making that a reality. We have built on our existing analysis of the code and produced a briefing to support organisations that wish to maintain inclusive toilet facilities.”

In light of the Equality and Human Rights Commission’s new code of practice, the University of Leicester’s Trans-Inclusive Culture team updated its ethical framework for museums and heritage bodies, specifically in regard to “gender neutral” toilets.

Previously, it had recommended that, where possible, single-user bathrooms should be provided for all staff, volunteers and visitors, adding: “Trans [individuals] should be free to use the bathroom that they feel most comfortable using.”

However, it now states that organisations can be trans-inclusive “by providing, wherever possible, single-user bathrooms, available to all”.