Court rules against gender neutral toilets in Scottish schools

Scottish schools have been ordered to supply gender segregated toilets, following a case brought by concerned parents against Scottish Borders Council (SBC).

The recently opened Earlston Primary School within the Scottish Borders only included gender neutral toilets on the premises.

An initial criticism by Sean Stratford and Leigh Hurley, whose son was formerly a student there, was rejected.

However, later on the Court of Session in Edinburgh, the SBC admitted that they really have a legal obligation to supply gender segregated toilets.

Rosie Walker, the legal representative of the parents within the case, said, “This case can have far reaching implications.”

According to the BBC, Walker said that every one Scottish schools should now be reviewing their current toilet arrangements to make sure that they comply with regulations.

According to the School Premises (General Requirements and Standards) (Scotland) Regulations 1967, schools must have 50/50 provision of toilets for girls and boys.

She added that the ruling, combined with last week’s Supreme Court decision that men are men and girls are women, gave “focus to the importance of protecting sex-based rights and single-sex spaces”.

The SBC acknowledged that the parents’ concerns were valid and for that reason didn’t contest the matter when it got here to court.

A spokesperson for the Scottish Government told the BBC, “Local authorities have statutory responsibility for the varsity estate, including provision of toilets.

“The Scottish government is committed to making sure that our Transgender Guidance for Schools stays up so far and fit for purpose.

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

It was also confirmed that updated guidance for schools on trans matters will likely be published shortly.

Following the Supreme Court judgement, Prime Minister Keir Starmer stated that he agreed with the biological reality of sex, having previously taken the view that men could possibly be women and girls could possibly be men.