Judge orders Scottish schools to provide single-sex toilets

A judge has ordered that Scottish schools must provide single-sex toilets for students after parents brought a case to court against Scottish Borders Council (SBC).

The local authority had installed only gender neutral toilets at the replacement Earlston primary school, which recently opened.

Parents Sean Stratford and Leigh Hurley complained to the council about the policy at the school their son had previously attended, but it was rejected.

But at the Court of Session in Edinburgh the council conceded that they had a legal obligation to provide male and female facilities.

The move comes after judges at the UK Supreme Court last week unanimously ruled that a woman is defined by biological sex under equalities law.

Rosie Walker, of law firm Gilson Gray which is representing the parents, said: “This case will have far reaching implications.”

BBC Scotland News understands that the Scottish government is confident that the vast majority of schools in Scotland already offer single-sex lavatories.

Ministers are still considering the implication of the Supreme Court judgement and whether any changes will have to be made to toilet provisions.

Ms Walker said all schools in Scotland would now have to “urgently review” whether half of their toilets are for boys and half for girls, as is required by the School Premises (General Requirements and Standards) (Scotland) Regulations 1967.

She added: “This case, on top of the Supreme Court decision last week, gives focus to the importance of protecting sex-based rights and single-sex spaces.”

A council spokesperson said: “Prior to the hearing, SBC had accepted and acknowledged the decision that was being sought was correct and therefore did not seek to defend this in court.

“Moving forward, SBC will revisit and reconsider the complaint and respond in due course.”

The Scottish government said it would carefully consider the implications of that ruling.

A spokesperson added: “Local authorities have statutory responsibility for the school estate, including provision of toilets.

“The Scottish government is committed to ensuring that our Transgender Guidance for Schools remains up to date and fit for purpose.

“As with any significant legal or policy developments, we will consider whether the guidance requires to be updated to reflect upon these.”

They added the social justice secretary and the health secretary will meet with the Equality and Human Rights Commission – which will soon publish guidance on the issue – on Thursday.