Parents ‘elated’ after judge rules schools must provide single-sex toilets

Parents on Scottish borders say they feel “euphoric” after a judge ruled that Scottish schools should provide toilets for a single sex for students.

The local authority had installed only gender neutral baths in the New Earlston Primary School, which opened recently.

Sean Stratford and Leigh Hurley complained to the Council about politics at school to their son who had previously attended, but was rejected.

The Council admitted that they had the legal obligation to provide male and female facilities in the session court in Edinburgh on Wednesday.

The local authority said he had accepted the argument before the hearing and, therefore, did not defend himself in the Court.

The measure occurs after the judges of the Supreme Court of the United Kingdom last week unanimously ruled that a woman is defined by biological sex under the equal law.

Mrs. Hurley said she had felt “very emotional and very crying” since the conclusion of the case.

“It has felt bittersweet,” Scotland News told BBC.

“It should never have gone so far, we should never have to do a judicial review.

“We are grateful to the legal minds that supported us and we are grateful to have had the result we obtained.”

Stratford said he was “delighted”, but that he still felt “a little anger about the way we were treated.”

He added: “I was very clear, and we pointed out that I was very clear.

“It is the law. This could have a deal at such an early stage.”

Mrs. Hurley said she discovered when working at school that children were allowed to play in sports teams that matched the genre they identified.

He asked more questions about this policy in the summer of 2023 and discovered that the bathrooms of the new school would be gender neutrals. She said the school had not consulted the parents about this.

In addition to Earlston, the Jedburgh Grammar Campus, also on Scottish borders, only has neutral gender baths.

Three new schools planned and built by Scottish Borders Council are designed to have neutral gender baths.

Wednesday’s trial ruled that mixed sex schools must have single -sex toilets, but they can have gender neutral toilets in addition to that.

BBC Scotland News understands that the Scottish government is confident that the vast majority of schools in Scotland are already those of single -sex washing machines.

Mrs. Hurley said she received a “confusing” guide from school after raising Conerns. She said she didn’t understand how the guide would work.

She added: “We think there should be much more holistic approach and I just wanted to understand how we can support everyone.”

Stratford said they had requested evaluations of risk and equality impact on the Council’s decision, but they felt “dismissed” and “treated as if we were imbéciles.”

He said that, in his opinion, the law was clear, but the counter referred the guide of the Scottish government.

Mrs. Hurley said it would be better to have three spaces that included a neutral gender option.

“We simply couldn’t understand why you had to take away the boy’s space and space,” he said. “We did not understand the need for that.”

She said the case had cost “a lot of money”, but they recovered some financial support from the Scotland women, as well as other donors who did not name.

“I think we are at a point where schools need more government support on this,” he added. “You have to do it well for each child.”

The councilor of Scottish Borders, Julie Pirone, said that the local authority will review the arrangement of the bathroom in all its schools to ensure that all children feel safe.

“It is not a great review, but we have to do it well,” he added.

“I hope they are small and lower changes than we have because new schools are absolutely fantastic facilities.

“But this will make us stop and have some Rhink about the disposition we have and make sure they fit the legislet and the ruling we have had this week.”

After the court ruling, the Scottish government said it would carefully consider the implications of the sentence.

A spokesman added: “Local authorities have legal responsibility for school heritage, including the provision of bathrooms.

“The Scottish government undertakes to ensure that our transgender orientation for schools updated and fits their purpose.

“As with any significantly legal or policy development, we will consider whether to update to reflect on the thesis.”