School Toilets in the News Again

girls’ privacy, dignity and safeguarding are being undermined by Department guidance

The implementation of mixed-sex, open style sanitary facilities in schools has come to the fore again, this time via a picture of toilets in a newly built Educate Together secondary school in Harold’s Cross. The parents of children in the school have expressed dismay over the lack of privacy in the toilets, and are raising concerns over the lack of consultation with parents in the design process.

The Countess has renewed calls for the Government to mandate single-sex toilets and changing facilities in all Irish schools, warning that concerns raised by the organisation in 2021 about mixed-sex sanitary facilities are now becoming a reality across the country.

Mixed-sex toilets are not mandatory; they are a policy decision by schools. However, many schools followed the April 2021 technical document (School Design Guide SDG 02-06 Sanitary Facilities) from the Department of Education, which clearly showed mixed-sex toilet facilities and made no reference to the need for single-sex provision.

Image of mixed-sex toilet in trans flag colours, present in April 2021 guidance, colour changed to yellow in November 2021

After The Countess publicly exposed the implications of the April 2021 guidance, the Department of Education was forced into a climbdown and clarified that mixed-sex toilets were not mandatory and that schools could continue to provide single-sex facilities. However, many schools had already taken the guidance as a green light to phase out single-sex provision.

Instead, the guidance focused on reducing bullying opportunities through “passive supervision” and open sightlines into sanitary facilities. The guidance did not address the potential for sex-based harassment or the loss of privacy and dignity where boys and girls are required to share communal sanitary spaces.

The Countess warned in 2021 that the removal of single-sex facilities in schools would jeopardise the safety, privacy and dignity of schoolgirls.

At the time, The Countess highlighted evidence emerging from the UK showing girls avoiding school toilets because of embarrassment, intimidation and “period shaming”, with some risking dehydration and urinary infections rather than use mixed facilities.

Laoise de Brún BL, CEO and Founder of The Countess said:

“The National LGBTIQ+ Inclusion Strategy committed the Irish Government to review and revise school design guidelines to allow for the provision of mixed-sex/single-stall bathrooms and changing rooms in schools. Trans activist groups such as TENI and BelongTo had input into that strategy. It is clear that the April 2021 guidelines were intended to facilitate this. Parents were not consulted.”

De Brún continued:

“We know that these mixed-sex toilets lead to risks to girls. There have been incidents of assaults in UK schools, and some girls are even missing school rather than face “period shaming” from boys. Many girls run the risk of infections because they’d rather deal with a full bladder than use the toilets. Others have simply stopped drinking liquids at school, which can lead to dehydration.”

De Brún explained:

“Irish equality law allows people to be treated differently on the grounds of gender, where ‘embarrassment or breach of privacy could reasonably be expected to happen on account of the presence of a person of another gender’. We are calling on the government to uphold the rights and protections of girls under this exemption, by mandating that single-sex toilets and changing rooms are available in all schools.”

She added:

“We further request that there be a review of all schools where the new design has been implemented, whether single-sex or mixed sex. The open design, chosen to reduce bullying, is unpopular with students and deprives girls of privacy when dealing with additional challenges like menstruation. It behoves us to understand if this deprivation is warranted. Surveys of students, parents and teachers should be carried out before we continue the roll out of this novel design.”

Sorcha Nic Lochlainn, Director of The Countess said:

“The Department of Education has said that schools are accountable for decisions on whether to install single-sex or mixed-sex sanitary facilities but it is clear that schools are either misunderstanding the guidance, or willingly depriving teenagers of privacy and dignity. Parents and students do not want these mixed facilities. Girls are being put at risk, and privacy and dignity for all students is being compromised to appease a minority of ideologues in positions of power.”

Nic Lochlainn went on to say:

“There was climbdown in Kerry in 2023 when a new school build for Gaelcholáiste Chiarraí had no provision for single-sex toilet facilities anywhere on campus. Parents strongly objected and plans were changed to include separate male and female facilities. The principal in that school said the Department of Education guidelines were behind decision to install gender-neutral toilets at the new school. The school ultimately installed separate toilets for girls on the second floor, toilets for boys on the third floor and gender-neutral toilets on the first floor.”

Judith Murphy, Schools and Safeguarding Lead for The Countess, and a former child protection social worker, said:

“Same-sex public toilet facilities are necessary are necessary for the privacy and dignity of both sexes and for the safety of women and girls. Most of all they are vital for the wellbeing of girls from around 10 years old in a co-ed school setting, because the effects of puberty on girls means that they have to get used to the sanitary and emotional complications of menstruation. The embarrassment around this intimate event, especially around boys, can be very intense. The effect of puberty on boys is that the injection of testosterone makes them extremely interested in sexual matters. The female anatomy becomes very interesting to them. They have to learn to manage the sexual urges and preoccupation with sexual thoughts. Groups of boys are prone to making fun of girl’s bodies and bodily function, and to sexually harass and humiliate girls. Girls need their private and intimate spaces to be free of boys and men to feel dignified and safe. Boys also need their single sex toilets for privacy and dignity as there can be some girls who make fun of the boys and their anatomy and sexuality – albeit to a much lesser extent than boys, and with less physical threat to the boys.”

mixed-sex toilets template letters

TO REGISTER YOUR CONCERN AROUND MIXED-SEX TOILETS WITH THE SCHOOL

Dear [insert name of Principal]

I write following recent media attention, to express my concern regarding the Department of Education’s government guidelines in relation to the design of sanitary facilities in new and retrofitted school buildings.

As campaign group The Countess has pointed out, single-sex toilets exist to ensure the privacy, safety and dignity of all students. Accordingly I seek your assurances that no decisions will be made in relation to changes at [insert name of school] without proper consultation with parents and a full assessment of the associated risks along with consideration of the exemptions provided by the Equal Status Acts, which allow for the provision of different treatment on the basis of gender where ‘embarrassment or breach of privacy could reasonably be expected to happen on account of the presence of a person of another gender’.

Furthermore, I would draw your attention to the requirement for schools to comply with the provisions of the Education Act 1998, which itself exists within the frame of Bunreacht na hÉireann, with respect to the rights of both parents and pupils. The State, through the Department of Education and Skills (DES), has no legal standing or ability to administratively override the constitutionally protected and guaranteed rights of parents and students with respect to education, the family and, where applicable, selected school ethos. Safeguarding of children is child-centred and adult-led and schools have a legal obligation to each individual student within their care.

In the event [insert school name] does in fact have plans for building work that involves mixed-sex toilet facilities, I would be grateful if you could provide me with details of the plans and the associated risk assessment along with your determination in relation to the decision not to apply the Equal Status Act exemption.

If no such plans currently exist I would like you to note my concerns that mixed-sex toilets are not in the best interests of female students: In 2018 UNESCO urged governments around the world to prioritise the provision of single sex toilets in schools, warning as many as 1 in 10 girls are missing out on lessons because of the lack of availability of single sex toilet facilities. Data from the U.K. shows that girls are facing unprecedented levels of sexual assault in schools and that the risk of sexual assault to females rises exponentially in mixed-sex facilities, whilst anecdotal evidence from teachers, parents and pupils illustrates that girls are risking their health and missing school because of lack of access to single-sex facilities.

Yours etc

IF THE SCHOOL IS PROPOSING MIXED-SEX TOILETS

Dear [insert name of Principal]

I am writing to express my concern regarding the proposal to introduce mixed-sex toilets at [insert name of school] after the multiple impacts were highlighted by campaign group, The Countess.

Mixed sex toilets are not in the best interests of female students: In 2018, UNESCO urged governments around the world to prioritise the provision of single sex toilets in schools, warning that girls are missing out on lessons because of the lack of availability of single-sex toilet facilities. Data from the U.K. shows that girls are facing unprecedented levels of sexual assault in schools and that the risk of sexual assault to females rises exponentially in mixed-sex facilities, whilst anecdotal evidence from teachers, parents and pupils illustrates that girls are risking their health and missing school because of lack of access to single-sex facilities.

Single-sex toilets exist to ensure the privacy, safety and dignity of all students and are supported by the Equal Status Acts, which provide for the provision of different treatment on the basis of gender where ‘embarrassment or breach of privacy could reasonably be expected to happen on account of the presence of a person of another gender’. I urge you to avail of this exemption in respect of the provision of toilets.

Whilst I understand that you may feel you are following government guidelines, I remind you these were issued without consultation with parents or students and without carrying out the necessary risk assessments. Further, the Department of Education has stated the decision is a matter for individual schools. [Insert name of school] has a duty of care to protect students.

Accordingly, I would be grateful if you could provide me with details of the risk assessment both in respect of i) the decision to introduce mixed sex toilet facilities and ii) the decision not to avail of the Equal Status Act exemption in respect of single-sex provision.

Yours etc

LETTER OF CONCERN TO TD’S

Dear _____________

As a resident of your constituency, [with a son/daughter/children in XXX school] I write to you to express my concerns, as highlighted by the Countess campaign, regarding the Department of Education School Design Guide for Sanitary Facilities (SDG 02-06) in relation to the use of mixed-sex toilets in new-build schools and retrofitting older schools, which advises a “best practice” of utilising open design facilities, comprising of male and female cubicles opening into a communal sink area.

Mixed-sex toilets are not in the best interests of female students: In 2018 UNESCO urged governments around the world to prioritise the provision of single sex toilets in schools, warning as many as 1 in 10 girls are missing out on lessons because of the lack of availability of single-sex toilet facilities. Data from the U.K. shows that girls are facing unprecedented levels of sexual assault in schools and that the risk of sexual assault to females rises exponentially in mixed-sex facilities, whilst anecdotal evidence from teachers, parents and pupils illustrates that girls are risking their health and missing school because of lack of access to single-sex facilities.

Single-sex toilets exist ensure the privacy, safety and dignity of all students and supported by the Equal Status Acts, which provide for the provision of different treatment on the basis of gender where ‘embarrassment or breach of privacy could reasonably be expected to happen on account of the presence of a person of another gender’.

It appears that this guidance has been introduced without having considered the specific needs of female students; without having carried out an appropriate assessment of the risks to girls and without having considered the appropriate application of the Equal Status Acts.

Furthermore, I would draw your attention to the requirement for schools to comply with the provisions of the Education Act, 1998, which itself exists within the frame of Bunreacht na hÉireann with respect to the rights of both parents and pupils. The State, through the Department of Education and Skills (DES), has no legal standing or ability to administratively override the constitutionally protected and guaranteed rights of parents and students with respect to education, the family and, where applicable, selected school ethos. Safeguarding of children is child-centred and adult-led and schools have a legal obligation to each individual student within their care. Safeguarding is not a collectivist endeavour and legally, it cannot be abrogated.

I would invite you to raise this serious safeguarding matter with your colleagues in the Department of Education as a matter of urgency and I seek your assurance that you will fight for the protection of girls in Ireland and ensure that the Government’s duty of care to girls in Ireland is upheld.

Yours etc

GUIDES FOR SCHOOLS AND CLUBS

In the absence of clear guidance from the State, there has been a proliferation of opinion about what obligations schools and youth groups have towards trans-identified children and adults.

The Countess has produced two guides that aim to explain the law as it stands. They outline that there is no right in law to have others use “preferred pronouns” or access toilets, changing rooms or sports meant for the opposite sex. These authoritative guides explain the issues around single-sex spaces, safeguarding, and employment law when it comes to transgender-identifying students and staff and give a concise summary of the law as it stands.

Read and download our guide for schools below.

Read and download our youth groups guide here: https://thecountess.ie/guides/

Schools Guide 2026_Download

Timeline of the Department of Education guidance which introduced mixed-sex toilets into schools.

April 2021: SDG 02-06 Sanitary Facilities

Initial specs document (School Design Guide (SDG) SDG 02-06 Sanitary Facilities) released. Funding for new buildings, extensions and retrofitting is linked to compliance with the specifications.

Image 1. Present in April guide, Removed in November