Parents who fought for single-sex toilets in Scottish schools say judge ruling is 'bittersweet'

Parents who fought for single-sex toilets to be provided in state schools across Scotland have said the win is “bittersweet” after a judge ruled in their favour.

Leigh Hurley and Sean Stratford launched a legal challenge against Scottish Borders Council after it installed gender neutral lavatories at Earlston Primary School in 2023.

Before launching the legal challenge, Ms Hurley and Mr Stratford said their concerns were dismissed.

Leigh told STV News: “We were treated as if we were the imbeciles and to go away, and we were going against the grain, that all schools in Scotland were doing this.”

Scotland

Judge orders Scottish schools must provide single-sex toilets

The order comes after parents won a legal fight against Scottish Borders Council.

The parents, whose child attended the school, complained to the council over gender neutral toilets, the punishment of children who “misgender” others and trans children participating in sports day.

All three issues were initially rejected, however, the lawyer representing them, Rosie Walker, lodged a petition for review in January.

Their case against Borders Council reached the Court of Session in Edinburgh, where a judge ruled that state schools in Scotland must provide single-sex toilets for pupils.

It follows a Supreme Court ruling last week on the definition of “woman” in the Equality Act and the legal protection of single-sex spaces.

Ms Hurley and Mr Stratford, who have since removed their child from the school, said the ruling was “bittersweet”.

“It’s bittersweet for us really, because we shouldn’t have had to ever go to a judicial review,” Leigh said.

Scottish Borders Council has “accepted and acknowledged” that it should provide single-sex toilets at Earlston Primary School.

Prior to the hearing the local authority conceded it was wrong, and did not defend its case in court.

However, the council rejects the parents’ claims they were ignored.

The local authority has also agreed to “revisit and reconsider” the other complaints made.

Leigh said: “I don’t need an apology, we haven’t changed any laws, just do what you were supposed to do in the beginning.”

Sean added: “I think that’s the amazing thing about the decision yesterday, the law was there the whole time.

“What really makes me frustrated and angry, is we told them this when it was a building site, they could’ve addressed it then but they dismissed us like we were the idiots,” he said.

The Scottish Government said it would “carefully consider” the implications of the ruling.

A spokesperson said: “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. The social justice secretary and health secretary will both meet tomorrow with the EHRC whose forthcoming guidance on this issue will be a significant factor in how we proceed.”

“We had already said we would consult on updating the School Premises Regulations, and considering recent court decisions will be part of that process.”

A Scottish Borders Council spokesperson said: “Prior to the hearing, SBC had accepted and acknowledged the decision that was being sought was correct and therefore did not seek to defend this in court.

“Moving forward, SBC will revisit and reconsider the complaint and respond in due course.”