Parents welcome court ruling that use of unisex toilets at Earlston Primary School was unlawful
Parents who were locked in a two-year battle with Scottish Borders Council over the use of gender neutral toilets at Earlston Primary School say the ordeal forced them to take their son out of school.
Yesterday, a judge ruled that state schools in Scotland must provide single-sex toilets for pupils following a legal challenge brought by parents against Scottish Borders Council.
The authority had installed gender neutral toilets at the school.
Parents Leigh Hurley and Sean Stratford, whose child attended the school, complained to the authority about the use of the toilets, the punishment of children who "misgender" others and about an issue relating to 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.
A court order, known as a declarator, is set to be issued by Judge Lady Ross KC to ensure the legal obligations of Scottish state schools are clear.
Scottish Borders Council accepted the decision.
What is the background to this ruling?
It follows a decision by the Supreme Court on 16 April which ruled that 'woman' and 'sex' in the Equality Act refer to a biological woman and biological sex.
Delivering the judgement, Judge Lord Hodge said the 'central question' is how the words 'woman' and 'sex' are defined in the 2010 Equality Act.
He said: 'Do these terms refer to biological woman or biological sex, or is a woman to be interpreted as extending to a trans woman with a Gender Recognition Certificate (GRC)?
'The unanimous decision of this court is that the terms woman and sex in the Equality Act 2010 refer to a biological woman and biological sex."
Leigh Hurley and Sean Stratford were supported in bringing their case in the Court of Session in Edinburgh by For Women Scotland.
'I'm sorry if anyone was made to feel uncomfortable'
Speaking on behalf of Scottish Borders Council, Cllr Julie Pirone apologised to parents.
The family's lawyer believes the case will have 'far-reaching implications'.
Rosie Walker, head of litigation at Gilson Gray solicitors, said: 'All schools in Scotland will now have to look again at whether their toilets comply with the School Premises (General Requirements and Standards) (Scotland) Regulations 1967, which require half of school toilet facilities to be for boys and half for girls.
'This case, on top of the Supreme Court decision last week, gives focus to the importance of protecting sex based rights and single sex spaces.'
John Lamont, Conservative MP for Berwickshire, Roxburgh and Selkirk reacts to the court ruling.
The Scottish Government said it would 'carefully consider' the implications of the ruling.
First Minister John Swinney spoke to ITV Border.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
South Wales Argus
24 minutes ago
- South Wales Argus
Winter fuel payment in Scotland to match UK benefit
Chancellor Rachel Reeves confirmed last week that the payment would be reinstated to the majority of pensioners. Following the initial decision to cut the universal benefit, the Scottish Government was forced to delay its plans for the pension age winter heating payment, but in December it announced pensioners north of the border would receive at least £100 every year. Speaking in Glasgow on Monday, the First Minister confirmed the Scottish Government's benefit would at least match that proposed by the UK Government. Pensioners south of the border who earn under £35,000 will receive either £200 or £300. 'I'm very happy to confirm today that no pensioner in Scotland will receive less than they would under the new UK scheme,' he said. Rachel Reeves confirmed the benefit would be reinstated for most pensioners (Owen Humphreys/PA) 'Details will be set out in due course by my Government, but the Scottish Government will always seek to do what is best for Scotland's pensioners.' The changes announced last week will result in further increases in funding for the Scottish Government, which the First Minister later told journalists is expected to be around £120 million. Speaking at an event on public sector reform on Monday, the First Minister hit out at the initial decision to cut the benefit. 'To be quite blunt about it, I don't believe cutting this winter lifeline was ever going to save a penny,' he said. 'Making millions of pensioners poorer makes them also colder and makes them also sicker, and that in turn puts up the bill for our social services and our NHS.' John Swinney said he would put Scotland's pensioners first (Liam McBurney/PA) He added: 'It's one of the reasons we were so quick to step in to protect pensioners in Scotland as best as we could from that wrong decision by the UK Government. 'But now that they've seen the error of their ways, my Government will once again to the right thing by Scotland's pensioners.' The power over the payment was devolved to Social Security Scotland in time for it to be paid out last winter. When asked if he regretted not offering it to older Scots, the First Minister said: 'I might have had the power, but I didn't have the money and I can't spend money I don't have. 'If the UK Government cuts a budget, I can't spend it, and what we've done is we've taken a series of hard decisions to allow us, before the Labour Government came anywhere near doing a U-turn on this, to restore winter fuel payments to pensioners because of other hard decisions that I've made. 'So the SNP has kept faith with pensioners in Scotland when the Labour Party has deserted them.'
Powys County Times
25 minutes ago
- Powys County Times
Winter fuel payment in Scotland to match UK benefit
The Scottish Government's devolved version of the winter fuel payment will match the value of the UK benefit, John Swinney has announced. Chancellor Rachel Reeves confirmed last week that the payment would be reinstated to the majority of pensioners. Following the initial decision to cut the universal benefit, the Scottish Government was forced to delay its plans for the pension age winter heating payment, but in December it announced pensioners north of the border would receive at least £100 every year. Speaking in Glasgow on Monday, the First Minister confirmed the Scottish Government's benefit would at least match that proposed by the UK Government. Pensioners south of the border who earn under £35,000 will receive either £200 or £300. 'I'm very happy to confirm today that no pensioner in Scotland will receive less than they would under the new UK scheme,' he said. 'Details will be set out in due course by my Government, but the Scottish Government will always seek to do what is best for Scotland's pensioners.' The changes announced last week will result in further increases in funding for the Scottish Government, which the First Minister later told journalists is expected to be around £120 million. Speaking at an event on public sector reform on Monday, the First Minister hit out at the initial decision to cut the benefit. 'To be quite blunt about it, I don't believe cutting this winter lifeline was ever going to save a penny,' he said. 'Making millions of pensioners poorer makes them also colder and makes them also sicker, and that in turn puts up the bill for our social services and our NHS.' He added: 'It's one of the reasons we were so quick to step in to protect pensioners in Scotland as best as we could from that wrong decision by the UK Government. 'But now that they've seen the error of their ways, my Government will once again to the right thing by Scotland's pensioners.' The power over the payment was devolved to Social Security Scotland in time for it to be paid out last winter. When asked if he regretted not offering it to older Scots, the First Minister said: 'I might have had the power, but I didn't have the money and I can't spend money I don't have. 'If the UK Government cuts a budget, I can't spend it, and what we've done is we've taken a series of hard decisions to allow us, before the Labour Government came anywhere near doing a U-turn on this, to restore winter fuel payments to pensioners because of other hard decisions that I've made. 'So the SNP has kept faith with pensioners in Scotland when the Labour Party has deserted them.'
The National
an hour ago
- The National
Tories rage as Scottish school head suggests Union flag is 'sectarian'
Scottish Tory MSPs Jackson Carlaw and Russell Findlay were among those to express anger at the headteacher's letter after it was shared online over the weekend. In it, the head of the East Renfrewshire primary – which The National has decided not to name – said to families of P7 leavers that the use of a Union flag in images may have been a 'mistake'. They wrote: 'Thank you for coming along last night to make the P7 leavers a special event in the life of the school. The children looked fantastic and had a great time. 'Unfortunately the use of the Union flag with staff images on caused some upset at the beginning of the evening. 'As a school we promote inclusion and acceptance, actively working against potentially offensive or sectarian messaging. Although we recognise this was not the intent we are concerned that others within or beyond the school community may consider that this is something we would encourage. 'I have spoken with the children about it this morning explaining why it wasn't a good idea: Using images without permission The symbolism and association of flags and symbols to different groups of people Their actions which were contrary to the school values of respect and kindness 'I hope this helps everyone understand where mistakes have been made and we can move on enjoying the rest of the end of term celebrations.' East Renfrewshire Council confirmed that the letter is genuine. Scottish Tory leader Russell Findlay shared it online, writing: 'This is what happens when the SNP's toxic nationalism infects schools and councils. Our country's flag is NOT 'offensive or sectarian'.' And Carlaw, a former Scottish Tory leader, said: 'I am both angry and concerned to learn that an official letter (now confirmed as genuine) issued by the head teacher of a primary school in East Renfrewshire has suggested the use of the Union Flag amounts to 'sectarian messaging'. 'Let me be clear – to equate the Union Flag with sectarianism is totally unacceptable and deeply offensive to people both locally and across Scotland. 'Having spoken with a senior official at @EastRenCouncil this morning, I expect an urgent response, resolution, and retraction. 'As a start, the council must issue an unconditional apology. 'Our national flag is not up for debate – it is a symbol of our tradition, unity as a nation and hope for so many.' East Renfrewshire Council has been approached for comment.
