SCOTTISH schools must provide single-sex toilets for pupils, a judge has ruled.
Scottish Borders Council were taken to court by two parents who had withdrawn their child from Earlston Primary School after bosses planned for the new building to only have unisex lavatories.
Lady Ross KC issued a declarator – a court order – making clear the legal obligations on Scottish schools to provide single-sex facilities after a challenge from parents Sean Stratford and Leigh Hurley, The Times reports.
They removed their eight-year-old son from the school after their concerns about plans for the new school that included only mixed bathrooms were dismissed by the headteacher and the council.
They were supported by For Women Scotland, who led the challenge which last week resulted in the Supreme Court finding that women were defined in law by biology.
Ruth Crawford KC, representing the council at the Court of Session hearing on Wednesday, accepted the terms of the declarator which said that the Scottish Borders Council’s toilet policy was unlawful.
Hurley, 39, who works at Earlston Primary as a pupil support worker, told The Times she first raised concerns in November 2023 about the school supporting the “social transition” of another pupil, which included allowing them to participate in sports day races in the category of their gender identity.
She also said she was concerned her son would be punished if he misgendered trans pupils, adding: “In the end we felt we had no choice but to pull our child out of the school, which left him devastated.
“As a parent, you have a right to choose where you send your children to school and ultimately we were forced out, because they were breaking the law.
“We’re hoping that following this ruling, this nonsense will stop, adults pay attention and properly safeguard all children within a school setting.”
According to For Woman Scotland, schools across the country have installed mixed-sex toilets.
Scottish Government guidance introduced in 2021 says that while bathrooms for boys and girls should be provided, schools should have gender-neutral lavatories “where possible” and that trans pupils should “the facilities they feel most comfortable with”.
A spokeswoman for Scottish Borders council said: “We can confirm the matter relates to Earlston Primary School, recently opened, but are unable to give any further comment beyond that at this stage.”
