toilet requirements

David Partington
Member - 8 posts

Tony, I am a HS manager with care homes amongst others units, within social housing.

I do not think there is a legal requirement to provide toilets in care homes. We do, but this is only for the convenience of the visitors not a legal requirement.


Regards

David Partington.

David Sharp - Workplace Law Network
Online advisor - 122 posts

Thanks for your question. The short answer to the question is that there is no requirement for you to provide visitor toilets in commercial buildings such as the care homes you refer to.

There is obviously a general duty of care on all employers to ensure the health, safety and welfare of anyone using their buildings, including members of the public. This duty is detailed in section 3 of the Health and Safety at Work Act 1974, requiring the employer to safeguard those not in their employment but affected by the undertaking (such as members of the public, contractors, patients, customers and students).

This duty must only be met 'so far as is reasonably practicable', however, which means that employers can take various factors into account in justifying their approach. These include the time it might take to meet the duty, the inconvenience that meeting this duty might cause, and the money it might cost.

In the case of providing toilets to visitors (as opposed to patients or staff) in a care home, much will depend on the size of the care home as to what might be a reasonable toilet provision, amongst other things. Just how much time, cost and inconvenience might be caused is a decision for the employer. We know of care homes that don’t offer any toilet facilities to visitors, and I also checked with a local Environmental Health Officer who confirmed that there are no regulations that apply to this area specifically.

It might be reasonable to expect you to make staff – but not patient - toilets available to visitors if they ask. Again, this would depend on how many of those you have, and where they are located. This seems to be an approach taken in many smaller care homes.

I have reviewed briefly some of the provisions of the Care Standards Act 2000 and the Registered Homes Act 1991, but the requirements here relate to patient, as opposed to visitor, care.

I hope this information is of assistance.

Alexandria Hassett
Member - 2 posts

Hi I am a Transwoman and when i start another job does the goods and serves provision to the sex discrimination act cover workplace loos

T M
Member - 2 posts

Hello there. David, I am interested in your response as I have come across a situation where staff (both male and female) in a care home are forced to share a toilet with service users (residents) who also have their own ensuite bathrooms with toilets in. It is a situation in which staff are uncomfortable with because of the problems the people they care for encounter and wish to have a toilet of their own to use. They are told that they cannot have this 'spare toilet' as it is in the house of the service users and as a result belongs to them so cannot be exclusive to the staff. I am aware that law states that a toilet has to be provided but that there has to be a toiler for males and another for females. Sharing amongst themselves is not a problem for the staff in this home, just sharing with the service users. Although a toilet is being provided, is it not law that a suitable toilet that is 'safe' is provided? What is the position on the law in this matter as I could not find anything in the aforementioned acts. Many thanks.

David Partington
Member - 8 posts

T M

I have worked in similar circumstances in the past and I see what your issues are, especially where staff are sleeping on site and may have limited privacy.

The simple answer is that there is no requirerment to provide a seperate toilet for staff, only that one is provided.

A solution may be found via an agreement with the client whereby he/ she agrees to use only their on - suite facilities, though depending on the lay out of the site this may not be a practicle solution, negotiation is the only remedy I am afraid.


regards


David Partington

T M
Member - 2 posts

Many thanks David.

James Fairchild
Member - 256 posts

Alexandria,

I'm sure it does. Is the gender of facility that your employer thinks you should use, different to the gender of toilet that you would like to use?