The law on toilet provision for pupils

The only specific legislation on toilets for pupils in England and Wales is Statutory Instrument No. 2 ‘The Education (School Premises) Regulations 1999’. This law specifies the number of toilets and washbasins that pupils must have. There is no mention in the legislation of cleanliness, privacy or condition.

This law set out the number of toilets and washbasins that should be provided according to the number of pupils in all existing and new maintained schools.

Toilets

Washbasins

Where the majority of pupils are under 11: as many washbasins as toilets
Where the majority are over 11:

The law also states that toilet areas for male and female pupils over the age of 8 must be separate. Girls’ toilets should not have urinals.

Calculating pupils’ ages

Pupils’ ages are defined on the day before the start of the autumn term. For example, if a pupil is four on that day but turns five a few days later, the regulations would still count him/her as a four-year-old for the rest of the academic year.

There is accompanying guidance on the Regulations called: Standards for School Premises; Guidance: Management & Finance 2000; For Local education authorities, Headteachers & governors; Ref DFEE 0029/2000. This explains the law in greater detail.

Who’s responsible?

The Local Education Authority (LEA) is responsible for ensuring school premises conform to minimum standards. For approved independent schools it is the proprietor and for non-maintained special schools it is the governors. In practice, responsibility is usually devolved from the LEA to the school itself, so this means it is the responsibility of the Head and the Board of Governors.

The Office for Standards in Education (Ofsted), which inspects schools in England, is not responsible for ensuring that school premises conform to legislation. But the Ofsted Handbooks (1999) and Framework for Inspecting Schools (2003) do include guidance on judging the adequacy of what is termed ‘accommodation’. The common criteria against which inspectors make their judgements on the adequacy of accommodation is the extent to which “the accommodation allows the curriculum to be taught effectively”.

It could be argued that toilets could be included as “an additional feature to be specified for inspection” by Ofsted.

Ofsted inspections (since September 2005) require evidence of “The extent to which schools enable learners to be healthy.” Included is the requirement: “Learners are encouraged and enabled to eat and drink healthily.” Toilets are not assessed although the state of the toilets and restrictions on when pupils are allowed to use them can be a major barrier to pupils drinking. The toilets can also affect pupils’ health and well being in their own right and affect pupils’ attainment and attendance levels.

Other relevant legislation for pupils

While not specifically mentioning toilets, the Education Act of 2002 places responsibility for "safeguarding and promoting the welfare of children who are pupils at the school" with the LEA and the governing body of the school. It also states that LEAs and governing bodies are required to consult with pupils in connection with the taking of decisions affecting their welfare.

You can find The Education (School Premises) Regulations 1999 mentioned above at: www.legislation.hmso.gov.uk/si/si1999/19990002.htm

The 2002 Education Act is available at: www.hmso.gov.uk/acts/acts2002/20020032.htm

The law on toilet provision for adults

The law on toilet provision for pupils only sets out the number of toilets and washbasins that should be provided. In stark contrast, adults in the workplace, including school staff, are covered by comprehensive legislation and guidance.

These set out the following requirements for employers.
They must provide:

This accompanies the above legislation and gives detailed advice on good practice to comply with the law. The Code also has statutory status i.e. is compulsory.

In addition to the requirements mentioned above, the Code also states that employers must provide:

3. Health and Safety Executive ‘Welfare at Work: Guidance for Employers on Welfare Provisions’

This gives practical advice on how employers can meet the requirements of the Workplace Regulations. It also states that consideration must be given to employees with disabilities and reinforces the need for thorough cleaning regimes, maintaining the facilities in good condition and ensuring adequate provision of toilet paper, soap and hand drying materials at all times. It asks employers “Would YOU be happy to use the welfare facilities you provide for your employees?”

www.hse.gov.uk/pubns/indg293.htm

Adults are also covered by the following legislation.

4. The Health and Safety at Work Act 1974

This sets out the Health and Safety at Work legislation on which all subsequent related legislation is based. The legislation places the responsibility on employers to ensure the health, safety and welfare of their employees. This act established the Health and Safety Commission, which sets out specific health and safety regulations. It also established the Health and Safety Executive which enforces the act by means of an inspectorate with extensive powers.

5. Statutory Instrument No. 2 ‘The Education (School Premises) Regulations 1999’

This legislation applies to school staff (as well as pupils).

Conclusion

As a minimum, pupils should be given the same rights as anyone attending a place of work. The Bog Standard Campaign believes that legislation and Codes of Practice should be passed to regulate the standard of pupils’ toilets and washrooms, which at least match existing ones for adults in the workplace. This means there must be: