A judge at the Court of Session in Edinburgh has ruled that schools in Scotland must offer separate male and female toilet facilities, after parents challenged a council’s decision to provide only gender-neutral toilets.
🏫 The case centred on the newly built Earlston Primary School in the Scottish Borders, where parents Sean Stratford and Leigh Hurley raised concerns after single-sex toilets were removed. The council initially dismissed their complaint—but has now conceded in court that it acted unlawfully.
📜 The ruling enforces the 1967 Scottish regulations requiring half of school toilets to be for boys and half for girls. Legal representatives said the case has “far-reaching implications” and will likely force schools across Scotland to urgently review toilet provision.
🚨 This decision follows last week’s landmark UK Supreme Court ruling that clarified the legal definition of “woman” as biological sex under equality law—placing new scrutiny on single-sex rights.
The Scottish Government says it will review the implications and meet with the Equality and Human Rights Commission this week.