Memorandum by the Department for Communities
and Local Government
1. This Memorandum provides the Department
for Communities and Local Government's response to the Communities
and Local Government Committee's call for evidence on the provision
of public toilets. It explains what the Government has done to
improve access to public toilet provision, highlights relevant
policy linkages, and outlines the further work in hand to help
improve public toilet provision.
2. Other Government Departments with an
interest in public toilet provision, including Health; Culture,
Media and Sport; Transport; Children Schools and Families; Work
and Pensions; and Business, Enterprise and Regulatory Reform;
have been contributed to the production of this Memorandum.
3. This Memorandum is structured as follows:
— A brief Introduction to the role
of central and local Government in relation to public toilet provision,
and to "Improving Public Access to Better Quality Toilets—A
Strategic Guide", published by Communities and Local Government
on 6 March 2008.
— A brief assessment of what conclusions
may be drawn from current data on public toilet provision.
— Individual sections responding to
the specific issues and questions highlighted in the Committee's
call for evidence, to supplement the material in the Strategic
Guide.
INTRODUCTION AND
THE ROLE
OF CENTRAL
GOVERNMENT
4. The Government recognises the importance
of public toilets to local communities, and that people value
being able to access suitably equipped, clean, and well-stocked
public toilets when they are away from home. This is why we set
out strategic guidance for local authorities and their partners
on public toilet provision in "Improving Public Access to
Better Quality Toilets",[8]
which we published earlier this year. This looked at the current
situation on the number and quality of public toilets provided
by local authorities; stressed the importance of public toilet
access for all people, and for certain groups in particular; highlighted
the positive contribution that better access to good quality toilet
provision can have across a range of public policy areas; and
showed how local authorities, working with local stakeholders
and communities, can help to improve access by using a mix of
approaches adapted to the needs of different people, in different
places, at different times of the day.
5. The development of the Strategic Guide
was very much a partnership effort, and Communities and Local
Government drew on the advice and experience of a number of local
authorities, including the London Borough of Camden, Westminster
City Council, Nottingham City Council, and Wychavon District Council,
and other national organisations with an interest in public toilet
provision, including the British Toilet Association, Help the
Aged, ENCAMS,[9]
Association of Town Centre Management, Chartered Institution of
Wastes Management, Visit Britain, Association of Chief Police
Officers and the Disability Rights Commission. These organisations
took the view that central Government could help to address public
concerns by making it easier for local authorities to take positive
action to improve public access to toilets, and by highlighting
the good progress that some councils had already achieved. This
was the aim of the Strategic Guide.
6. To complement the Strategic Guide, further
work is under way to develop a more detailed toolkit, which should
help to spread some of the innovative approaches to improving
access to toilets that some local authorities have already adopted
(see paragraph 30).
Wider Government interest in public toilets
7. Communities and Local Government led
the development of the Strategic Guide because public access to
toilets has a significant impact on the quality of public life,
public spaces and levels of satisfaction with where people live.
But it also incorporated contributions from across central Government,
reflecting the range of departments with an interest in public
toilet provision: Health; Culture, Media and Sport; Transport;
Children Schools and Families; Work and Pensions; and Business,
Enterprise and Regulatory Reform. The positive endorsements from
other departmental Ministers highlight the importance they attach
to good quality public toilets in delivering their own policies
and programmes.
8. The Department of Health has legislative
responsibility for public toilet provision in that section 87
of the Public Health Act 1936 gives local authorities a power
to provide public conveniences, but no duty to do so. Communities
and Local Government is responsible for building regulations and
standards, and Annex B of the Strategic Guide summarises the provisions
relating to public toilet design and provision.
Taking action at local level
9. We emphasised in the Strategic Guide
our belief that the best way to address issues impacting on local
communities is through enabling and empowering local authorities
to take action: local Councils, in consultation with other service
providers, stakeholders and communities, are evidently best placed
to assess local needs and to determine what actions should be
prioritised. This is as true for public toilet provision as it
is for the wide range of other local public services. The Strategic
Guide highlights examples where local authorities have taken the
initiative to improve public toilet access, or where communities
have raised the issue locally and brought about a change of approach.
10. This approach forms the basis of the
relationship between central and local government, as set out
in the Central-Local Concordat, published by Communities and Local
Government on 12 December 2007, which states that Councils have
"the right to address the priorities of their communities
as expressed through local elections and to lead the delivery
of public services in their area and shape its future without
unnecessary direction or control".
It sits at the heart of the Local Government
White Paper in terms of:
— the new performance framework for
local authorities, with performance against Local Area Agreements
(LAAs) forming the basis for triggering intervention by central
Government;
— the National Improvement and Efficiency
Strategy published by Communities and Local Government in January
2008,[10]
which sets out a new relationship between central and local government,
based on devolution and coordination of delivery support, with
a reduction in inspection and regulation at the centre; and
— the Community Empowerment Action
Plan[11]
and forthcoming empowerment white paper, taking forward the Government's
agenda for giving communities more influence over local decisions.
PUBLIC TOILET
PROVISION—THE
EVIDENCE
11. No absolute conclusions can be drawn
from existing data on public toilets, because it has not been
collected on a consistent basis and does not cover all types of
toilet to which the public have access. The data that exists—see
paragraph 12 below—does not capture the extent to which
people routinely use non-local authority toilets that are available
to the public in public buildings, shops and shopping areas, and
other businesses. There is some evidence to suggest that this
type of usage is quite high,[12]
and may be increasing in some areas where local authorities are
making significant progress in improving public access to toilets
through a range of approaches, as highlighted in the Strategic
Guide.
12. The main data sources for toilets that
the public may access are:
— The Ordnance Survey Points of Interest
database. This identifies around 9,800 public toilets in England
in 2007. These are public toilets that are visible from outside,
so do not include public toilets inside buildings such as train
stations or shopping centres;.
— Valuation Office Agency (VOA) data.
This shows a total of 4,423 toilets, but this is based on buildings
assessed for rateable value and therefore does not include toilets
in department stores, libraries, and sports centres that the public
routinely access, disabled toilets that are exempt from rating,
or toilets in pubs, restaurants, and cafes that are often freely
used by non-paying customers. This data shows a fall in provision
of 987 toilets between 2000 (5,410) and 2008 (4,423); and
— Audit Commission compiled statistics
(until 2000) on public toilets provided by English local authorities.
These indicated that the number of local authority public toilets
fell from 6,916 to 6,391 between 1994 and 2000. On the other hand,
toilets with facilities for disabled people increased during this
period (by 16% from 3,054 to 3,533), as did toilets with baby
change facilities (by 63% from 734 to 1,199).
THE NEED
FOR PUBLIC
TOILETS
13. Section 1 of the Strategic Guide highlights
the strong case for good quality provision of public toilets in
towns, cities, and rural areas. We believe that good quality provision
available in the right places at the right time is important:
— especially for those people who have
a greater reliance on "away-from-home" toilet facilities,
such as disabled people, people with particular health problems,
older people, pregnant women, and families with young children;
— in helping to reduce street fouling
and in enhancing the quality of our towns and cities, making them
more attractive to local people and residents, and improving the
trading environment for local businesses;
— as a vital element in catering for
the needs of tourists, contributing to their sense of destination
and encouraging return visits; and
— in promoting a range of policy priorities
ranging from social inclusion to sustainable transport.
WHY HAS
PROVISION DECLINED?
14. As noted in paragraph 11, it is hard
to draw conclusions from the available data though we recognise
that there is public concern about the issue. This was explored
during our discussions on the Strategic Guide. Members of the
Steering Group agreed that the decline in the number and quality
of public toilets had two main causes: high maintenance costs
coupled with the legal barrier preventing local authorities from
raising revenue through charging, and the generally ad hoc and
unstructured arrangements for sharing emerging good practice and
innovative approaches.
15. Government has responded to these issues
by amending section 87(3)(c) of the Public Health Act 1936 to
allow local authorities to charge for public toilets including
urinals, and by following up the Strategic Guide with a toolkit
for areas wishing to adopt the community toilet scheme approach
and to explore the SatLav initiative in more detail.
16. We would also like to take this opportunity
to comment on the impact of the Disability Discrimination Act
in 1995 (DDA) on public toilet provision. The DDA has helped to
increase the number of toilets with facilities for disabled people
(see above), but some reports[13]
suggest that the DDA may have been used as an excuse for closing
toilets that were not "DDA compliant" (eg underground
"Victorian" toilets). However, this is a misinterpretation
of what the Act requires. The DDA recognises that there is a balance
to be struck between the requirements of disabled people and the
interests of the service provider. Therefore, service providers
are only required to make adjustments that are reasonable given
all the circumstances of the particular case. Factors such as
the cost of the adjustment, its practicability and the extent
of the service provider's financial and other resources may be
taken into account in determining what is reasonable. If it is
not reasonable, in all the circumstances of the case, to make
an adjustment to enable disabled people to use a service, then
that adjustment does not have to be made, but neither does the
Act require that the service be closed to other members of the
public.
WHO SHOULD
PAY?
17. Providing good quality public toilets
costs money. The Strategic Guide illustrated ways in which local
authorities and their partners can generate resources for public
toilets, including the use of planning obligations, advertising
and leasing, and Business Improvement District levy funding. In
addition, central funding from the Department for Transport's
Access for All Small Scheme Funding is helping to make access
improvements to toilets in several areas, by providing around
£7.5 million per year, on a match funded basis, until 2015.
Train operators, local authorities and others can bid for this
funding.
18. The Government confirmed in the Strategic
Guide that it had responded to local authorities" representations
by amending section 87(3)(c) of the Public Health Act 1936 to
allow local authorities to charge for public toilets including
urinals. This amendment came into effect on 6 April 2008, as part
of the Sex Discrimination (Amendment of Legislation) Regulations
2008. In practice, charging will only be viable in some areas—such
as town and city centres, tourist hot spots, and other places
of high demand—and the decision on whether to charge should
take into account the views of local stakeholders and communities.
19. Charging for public toilets is something
that people are already familiar with in main line railway stations,
some shopping precincts, and automated public toilets. 70% of
people responding to an ENCAMS survey in 2006 indicated that they
would be willing to pay to use a good quality toilet, with 30%
willing to pay up to 20 pence. On the other hand, letters received
by Ministers suggest that many people believe public toilets should
be free to use.
OPENING HOURS
AND OTHER
ACCESSIBILITY ISSUES
Security—should toilets be staffed, un-staffed,
or automated?
20. Communities and Local Government's Guide
on "How to manage town centres"[14]
(published in March 2005) highlighted that the growth of the 24
hour economy risks increasing street fouling incidents unless
public toilet provision is able to respond to people's changing
needs at all times of the day and night. This reinforces the need
for a mixed approach to public toilet provision—but one
that is determined by local councils and their partners based
on their knowledge of their area.
21. Community toilet schemes enable access
to a range of provision from early morning through to late at
night with the facilities provided suited to different time of
day—eg toilets with baby-change in shops during the day,
complemented by toilets in pubs and clubs late at night, supplemented
by "pop-up" urinals in areas of especially heavy demand
on Friday and Saturday nights. Since community toilet schemes
normally provide access to facilities in buildings with on-site
staff such as shops and cafes, the toilets tend to be better maintained
and less liable to vandalism or inappropriate use.
22. As part of a mixed approach, there is
a role for both staffed and un-staffed toilets, and also automated
toilets. The legal change allowing local authorities to charge
for their toilets could unlock an income stream that may be used
to pay for an attendant. Attendants can play a role beyond keeping
toilets clean and well-stocked: they can also collect the fee
from users (and provide change), assist people with special access
needs, and deter vandalism and inappropriate use.
23. Automated toilets, such as the self-contained
"super loo" often associated with busy high streets,
offer some advantages when used in combination with other forms
of provision. Generally they are fully accessible, with RADAR[15]
key access, and are less vulnerable to vandalism; they are self-cleaning
after use; and in exchange for commercial advertising can offer,
in certain circumstances, a cost-neutral option for the local
authority.
24. A range of publications and case studies
are available on approaches to designing-out crime and anti-social
behaviour in and around public toilets. Some of these are brought
together in the ENCAMS "Knowledge Bank"[16]
and other material referred to in Annex C of the Strategic Guide.
THE GENDER
BALANCE—ARE
MEN AND
WOMEN BEING
FAIRLY SERVED
BY CURRENT
PROVISION?
25. We included evidence in Section 2 of
the Strategic Guide (under "Consequence", page 21) which
suggested that public toilet provision is weighted towards men.
26. British Standard (BS) 6465 Part 1 2006—the
"Code of practice for the design of sanitary facilities and
scales of provision of sanitary and associated appliances"—sets
out recommendations for the level of provision by gender. This
is currently under review and will be revised to redress the gender
balance in provision in line with the Gender Equality Act. Part
G (Hygiene) of the Building Regulations, which covers the provision
of sanitary facilities in new buildings, is also under review.
Our intention is that, subject to public consultation, the revised
Part G and British Standard should cross-refer on the issue of
gender-balanced provision.
PROVISION BEYOND
THE LOCAL
AUTHORITY—INNOVATIVE
APPROACHES
27. A range of innovative approaches are
highlighted in the Strategic Guide. These relate to the use that
local authorities can make of planning strategies and regulations
such as Section 106 agreements, and the use of leasing conditions.
28. The Strategic Guide particularly highlights
the community toilet scheme approach. This shows how local partners
can share responsibility for improving public toilet provision
in an area for the benefit of all. The scheme in Richmond upon
Thames (Annex D of the Strategic Guide) highlights that significant
improvements in the number and quality of toilets with local public
access can be achieved at a lower cost than alternative modes
of provision, and without levying a charge from the public. It
also mentions Westminster's "SatLav" initiative, which
using the latest technological developments allows members of
the public to access details of council-run and leased toilets
and other provision such as those in high street stores, including
Debenhams, House of Frazer and Marks and Spencer, via their mobile
phone.
29. Communities and Local Government is
working with the environmental charity ENCAMS and the relevant
local authorities to develop a short toolkit which should help
and encourage other local authorities interested in adopting these
approaches. The toolkit should be available in June.
TOURISM—DOES
PUBLIC TOILET
PROVISION PLAY
A PART
IN THE
ATTRACTIVENESS OF
OUR TOWNS
AND CITIES?
30. Public toilet provision is an important
issue for areas relying on a tourism income. Visitors choose their
destinations, carefully based on the extent to which their needs
are met, from previous experience and on feedback from other visitors.
Being able to access a toilet when needed helps to provide a strong
and positive impression of an area, which in turn helps secure
repeat trade and sustainable economic development. Further details
are provided in Section 1 of the Strategic Guide ("Attracting
visitors").
8 Referred to in this Memorandum as "the Strategic
Guide". Back
9
"ENCAMS", which stands for Environmental Campaigns,
is an environmental charity, partly funded by Government. The
majority of their campaigning is around litter, of which the Keep
Britain Tidy campaign is best known. Back
10
This document can be found at www.communities.gov.uk/publications/localgovernment/efficiency Back
11
"An Action Plan for Community Empowerment: Building on Success"
www.communities.gov.uk/publications/communities/communityempowermentactionplan Back
12
A straw poll conducted as part of the public consultation for
the London Assembly Health and Public Services Committee's investigation
into public toilets in London (2006) revealed that only 11% of
Londoners use public toilets, whereas 64% regularly use toilets
in shopping centres, pubs and cafes. Back
13
For example quoted in "An urgent need: the state of London's
public toilets" the London Assembly Health and Public Services
Committee's investigation into public toilets in London (2006). Back
14
"How to|manage town centres" (March 2005) can be ordered
at: www.communities.gov.uk/publications/citiesandregions/how Back
15
RADAR-the Royal Association for Disability and Rehabilitation-operates
a National Key Scheme which offers independent access to disabled
people to around 7,000 locked public toilets nationally. Back
16
ENCAMS "Knowledge Bank" is a series of CD ROM toolkits,
designed to help land managers tackle a variety of issues including
anti-social behaviour in and around public toilets. Back
| 
