Scottish schools have been mandated to provide gender-segregated toilets following a legal case initiated by concerned parents against the Scottish Borders Council (SBC).
The Earlston Primary School, recently opened in the Scottish Borders, had initially included only gender-neutral toilets on its premises. A complaint filed by parents Sean Stratford and Leigh Hurley, whose son had previously attended the school, was initially dismissed.
However, in a subsequent hearing at the Court of Session in Edinburgh, the SBC admitted that it has a legal obligation to provide gender-segregated toilets.
According to the School Premises (General Requirements and Standards) (Scotland) Regulations 1967, schools are required to have 50/50 toilet provisions for boys and girls.
Acknowledging the validity of the parents' concerns, the SBC did not contest the issue in court.
Rosie Walker, the legal representative for the parents, stated, “This case will have far-reaching implications.” She also noted that all Scottish schools should now be reviewing their current toilet arrangements to ensure compliance with regulations, as reported by the BBC.
Walker further emphasized that the ruling, in conjunction with a recent Supreme Court decision determining that the legal definition of woman is based on biological sex, highlights “the importance of protecting sex-based rights and single-sex spaces.”
Following the Supreme Court judgment, Prime Minister Keir Starmer expressed his agreement with the biological reality of sex, shifting from his previous stance that men could be women and women could be men.
