Eight Midlothian schools face toilets review after court gender rulings

Eight schools in Midlothian face having to change their toilets in the wake of recent court rulings over gender rights.

Midlothian Council said it is awaiting national guidance following a ruling at the Court of Session in Scotland, which ordered another local authority to install single-sex toilets for pupils.

The Supreme Court ruled earlier this month that a woman is defined by biological sex under the Equality Act, leading the Equality and Human Rights Commission to issue interim guidance that trans women should not be permitted to use women’s facilities.

East Lothian Council has already said two of its primary schools, which were unisex only, are having new signs put up to designate boy and girl facilities, with disabled toilets also available for use.

Edinburgh & East

New signs installed at East Lothian schools after court gender rulings

A Court of Session ruling ordered schools to provide single-sex toilets.

In Midlothian, a spokesperson said eight schools were fully unisex alongside disabled toilets, and it said they, and future projects, would now be reviewed in light of the rulings.

A spokesperson said: “Eight schools have fully unisex toilets. We currently have no projects ‘under construction’.”

“All projects that are being planned will now be reviewed, and any necessary amendments as a result of the Supreme Court ruling will be considered and action taken where necessary.

“We are taking cognisance of the legal ruling and are awaiting national guidance on next steps to address the ruling.”

They added that all public buildings and council facilities would also be reviewed to “ensure compliance” with the Supreme Court ruling.

The Supreme Court ruling came after a challenge by campaign group For Women Scotland over Scottish Government claims that a trans woman who has a gender recognition certificate (GRC) should be treated as a woman by the Equality Act.

However, For Women Scotland argued that the protections provided by the act should only apply to people who are born female.

Following the Supreme Court ruling, the European Court of Human Rights (ECHR) issued guidance that pupils should use toilet facilities corresponding with their biological sex.

Last month, council leader Kelly Parry moved to address concerns raised over a new £120m high school in the county, replacing Beeslack, amid claims it would have unisex toilets.

She told a meeting of elected members: “I want to clear up one issue that is the email campaign claiming there is only unisex toilets in the new Beeslack school.

“I want to assure people that the new building will include open-plan, full-height, closed individual cubicles, separate toilets, and accessible toilets, which are not unisex only.

“Additionally, if people prefer a more private toilet facility, these will be available and positioned around the school.”