Court rules against gender neutral toilets in Scottish schools

toilets restrooms gender transgender
 (Photo: Getty/iStock)

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

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

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

However, later at the Court of Session in Edinburgh, the SBC admitted that they actually have a legal obligation to provide gender segregated toilets.

Rosie Walker, the legal representative of the parents in the case, said, "This case will have far reaching implications."

According to the BBC, Walker said that all Scottish schools should now be reviewing their current toilet arrangements to ensure that they comply with regulations.

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

She added that the ruling, combined with last week’s Supreme Court decision that men are men and women 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 did not contest the matter when it came to court.

A spokesperson for the Scottish Government told the BBC, "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."

It was also confirmed that updated guidance for schools on trans matters will 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 be women and women could be men.

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