This is a copy of the verbal deputation made by Resisting Transphobia in Edinburgh to the  Edinburgh Council Education, Children and Families Committee, 2nd September 2025.  The proposed ban on trans kids’ bathroom use before the committee was also opposed by deputations from Trans Kids Deserve Better,  the Friends of Abbeyhill, Scottish Trans, the National Association of Schoolmasters Union of Women Teachers, LGBT Youth Scotland, BAAT Scotland Council, the REPAIR Network, and the Educational Institute of Scotland.

“Thank you Chair, Councillors, staff, and all visitors who are attending today’s meeting. Thank you for the opportunity to address today’s committee. My name is Josie Hervey, I’ve been a teacher since 1993, and I’m a parent whose family includes both trans and cis young folk. I am here today representing an Edinburgh community group of over 400 members

I am here to speak on behalf of the trans children and young people known personally to us. The main thing they would tell you, if they could, is that these proposals will push more trans children out of their communities, and into despair. 

You may think this is an exaggerated attempt to gain your sympathy. You may think it’s fine for trans young people to use disabled toilets, get changed on their own, and sleep alone on school trips – that this can happen without suffering. Please believe me that forcing trans children into segregated areas will have a wholly negative impact. 

Trans young people will lose privacy around their trans status – and then, no matter how young they are, a young person’s trans status will become common knowledge. Wherever they go in their community, they will know people are talking about their gender, and thinking about their genitals. At the very best they will feel increased levels of fear around bullying and assault.

The alternative is avoiding all toilets, no matter what; never participating in any kind of PE or sport; never going to camp, no valuable extra-curriculars with an overnight element, never travelling with their friends. The impact of this on their health, wellbeing and education is obvious: in addition, they will experience fear every day that they will be outed.

Actually, I personally know at least two children, who, if required to be publicly trans, they genuinely could not face either of these two options. They could not attend school at all.  

No child can thrive in such circumstances.

Since the beginning of this term, I know one young person who dropped out of Duke of Edinburgh after being required to reveal their trans status. Another child we know was taken out of class by the head teacher, on the first day of term, and told they had to use the disabled toilet. And they did use it. And after one use, they faced so many questions that they’ve now said “it’s fine, I just won’t drink anything at school”.

The trans children we know don’t want to think about their gender all the time – they want to be free to get on with their childhoods. These proposals send them a daily message that they are wrong, invalid and “other”. 

But these proposals also send a very clear message to our entire community. That trans children are a threat, and they should be segregated from other children. This is a dangerous lie. 

Whilst causing devastation to trans children, let me be clear that these proposals offer precisely zero pay-off – not one child benefits from improved conditions. Toilets and changing rooms this August are exactly as safe or as dangerous as they were in June (and let’s be clear that many young people both feel and ARE at risk in school toilets: they are too often unsupervised, hidden areas which are dirty or understocked).

We pride ourselves on Getting it Right for Every Child: this is our national policy. You must understand that these proposals put trans youth in unbearable situations every single day – getting it as wrong as you can.

When you step into any Edinburgh school, one of the first things you see is a display proclaiming  “We are a Rights Respecting School”. We use the UN Convention on the Rights of the Child and the Equality Act every day. Of course schools must abide by the law – but changes must be paused until the law is clear.

Finally, the people I am here to represent today want to tell you that changes of this kind must never again be ambushed onto our children and parents. We urge you to commit to working with teachers’ groups, trans children and their families: to making robust, individualised guidelines for schools that centre safeguarding, inclusion, dignity and well-being for trans children. And then following them, before any changes are made in any of our schools.

In closing, I’d like you to remember the law which requires that every child must be Safe, Healthy, Achieving, Nurtured, Active, Respected, Responsible and Included. These proposals do nothing to promote this for the majority of children – and prevent every single one of these for our trans children. Please reject these proposals. Thank you for listening.”