SNP ‘should rewrite school guidelines on single-sex lavatories'
SNP ministers must review guidance to Scottish schools telling them to allow trans pupils to use the lavatories 'they feel most comfortable with', the solicitor for parents who have won a legal test case has said.
Judge Lady Ross KC issued a court order on Thursday making clear that state schools north of the border must provide single-sex lavatories for pupils, following a case brought by parents against Scottish Borders Council (SBC).
Rosie Walker, the parents' solicitor, told The Telegraph the SNP Government would now be 'well advised' to rewrite 2021 guidance that claimed there was 'no law in Scotland' that only biological males could use boys' lavatories and vice-versa.
The document also encouraged the provision of 'gender-neutral facilities' and argued that 'where possible' trans pupils should use 'the facilities they feel most comfortable with'.
Ms Walker said she suspected there would be schools across the country that were breaking regulations passed in 1967, which said that separate facilities, including urinals for boys, must be provided.
Although this has yet to be tested in court, she said that schools would also likely be breaking the law if they provided gender-neutral facilities in addition to separate toilets for boys and girls.
This is because the 1967 regulations state that half of a school's toilets must be provided exclusively for the use of each of the two genders, she said.
Her warning came after her clients, Sean Stratford and Leigh Hurley, took legal action against SBC over the new Earlston Primary School only providing gender-neutral facilities.
Their concerns were dismissed by headteacher Kevin Wilson and the council, which claimed it did not have to consult with parents about lavatory policy.
The council this week conceded the case and Lady Ross announced her intention to issue a declarator - a court order - in a hearing on Wednesday morning.
The order, published on Thursday, said that state schools had to 'provide separate sanitary accommodation for boys and girls' in line with Regulation 15 of the School Premises (General Requirements and Standards) (Scotland) Regulations 1967.
It followed last week's Supreme Court ruling that trans women are not women, after a long-running legal battle between feminist group For Women Scotland (FWS) and the Scottish Government.
Ms Wilson, who also worked on the Supreme Court case, said: 'A lot of local authorities have been relying on the Scottish Government guidance issued in 2021.
'That guidance requires being updated in line with the Cass Review (of gender identity services for children) and the FWS case.'
Trina Budge, a director of FWS, said: 'At this point there is so much wrong with the Scottish Government's trans guidance for schools that it should be binned and started again from scratch.
'It is clearly unlawful regarding toilets, but also on changing rooms, sports and overnight accommodation on trips. Disgracefully, it was never updated after the Cass review and still promotes, against best medical advice, social transition for children confused about gender and suggests children who do not use preferred pronouns should be punished.'
Asked about the case after First Minister's Questions at Holyrood, John Swinney said: 'Obviously, there's detail in the decision of the Court of Session yesterday that the government will consider.
'It's obviously an action that involves Scottish Borders Council. It's not an action that involves the government, but it's important that all regulatory issues are properly followed by all public bodies, and the government will look at the judgement and come to its conclusions on that.'
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It was for supporting the jobs and community. "It's absurd to be losing this skilled work and leading technology in the place which should be the epicentre and hub. Its industrial vandalism and indicative of a lack of an industrial strategy." A row between ministers and ADL emerged over levels of support and had it roots in Scottish Government schemes launched from 2020 to accelerate the use and manufacture of zero and low emission buses in Scotland and 'help drive a green recovery out of the Covid pandemic" which have been worth a total of £155.8m to date. Frustrations emerged after May, 2023 when Alexander Dennis hosted the second phase of the Scottish Government's Zero Emissions Bus Challenge Fund (ScotZEB) which was to have funding worth £58m. It also showcased its Enviro100EV concept, a lightweight single-deck zero-emission bus with new in-house battery powertrain confirmed that grant backing accelerated its development. The fund was established to "disrupt the bus and coach market" and allow operators the chance to make the move to zero-emission vehicles. Then First Minister Nicola Sturgeon visited ADL's Falkirk plant in a trip which coincided with Scottish Enterprise providing a £7.3m million research and development grant (Image: ADL) And a Scottish Government memo to the deputy first minister Kate Forbes a year later states that Alexander Dennis had initially accepted that the Scottish Government's direct investment in ScotZEB would "underpin and grown the 500+ green Scottish jobs it supports". But it revealed that a subsequent series of letters were received from ADL and NFI raising concerns about the outcome of ScotZEB and wider Scottish Government support of bus manufacturing. "The company claims that the ScotZEB outcome will have a catastrophic impact on the business." It said the letters compare the Scottish Government's approach to funding programmes, subsidy control and Fair Work First "unfavourably with policies of other governments to protect their domestic manufacturing base". But the memo said that ADL had received orders for 363 zero-emission buses from ScotZEB more than any other manufacturer benefitting from the schemes. A separate briefing states that Alexander Dennis was awarded only 17% or 44 buses from second phase of the programme. According to Scottish Government records ADL received £58m of public 'subsidy' for green vehicles under the four phases of the low and zero emission bus schemes A significant grant through the ScotZeb 2 programme was awarded to Zenobe, and its consortium of bus and coach operators to support the transition of bus fleets to electric. ADL, which incurred total losses over three years of £44.9m between 2021 and 2023, made its own bid to the programme but was unsuccessful. While ADL was a supplier to the successful consortium it was not a formal part of it. The note said that ADL had "praised support from Scottish Enterprise" it added that the First Minister had "assured the company of the support available for its continuing investment in Scotland". By September, 2024 a further call between the First Minister and NFI and ADL showed that Mr Swinney advised and asked that Scottish Enterprise "exhaust all options to support the business". And a note of the meeting cleared by Mr Swinney stated that he requested that "all options are exhausted before any final decision is taken by ADL". By then, Alexander Dennis had already benefited from a raft of taxpayer-funded grants and support from the Scottish Government. In the same year of the ScotZeb2 launch, Scottish Enterprise sanctioned a £13.2m grant on top of £49.7m ADL investment into the development of zero emissions technology for the creation of new battery-electric and hydrogen fuel powertrains - the systems designed to propel vehicles forward. Some £11.2m was drawn down. Alexander Dennis president and managing director Paul Davies (2nd from left) and then transport minister Kevin Stewart (centre) with Alexander Dennis apprentices as the bus company launched ScotZEB2 (Image: ADL) At that point Alexander Dennis said it was repurposing its Larbert plant to make it a "manufacturing centre of excellence' for the production of zero-emission buses. The plant had successfully piloted hydrogen-electric and said it was expanding to battery-electric full production from August 2023. Three years earlier Scottish Enterprise sanctioned a further £10m grant on top of £29m Alexander Dennis investment into the development of zero and ultra-low emission buses in Scotland. In September, 2016, £7.3m of public money was given by Scottish Enterprise to accelerate Alexander Dennis's expansion of its low-carbon vehicle programme. It was at the time the largest research and development grant in the quango's history and came despite the manufacturer recording an £18.5m profit the previous year. One of the company's chief shareholders at the time was Stagecoach tycoon Sir Brian Souter - a major financial supporter of the Scottish National Party. Alex Salmond and Nicola Sturgeon launched their 2013 economic case for Scottish independence at Alexander Dennis coach builders in Falkirk. (Image: NQ) That was before NFI took over the Scottish firm for £320m in May, 2019 and announced it wanted to hit a sales trajectory of £1 billion for the coach and bus maker, including expansion in Scotland. Both ADL chief executive Colin Robertson and Michael Stewart, chief financial officer, stayed on to continue the work done in Falkirk and Larbert. Scottish Enterprise said the £7.3m taxpayer boost would "help increase their innovation, research and development and global reach". It helped Alexander Dennis set up a £30m development and product market programme to allow the launch of the eco-friendly Enviro400XLB, its highest capacity bus for the UK market, in conjunction with Lothian Buses. Scottish Enterprise lauded the launch of the green bus manufactured in Falkirk saying it was "securing jobs and adding value to the Scottish economy directly and via the extensive local supply chain". "This accelerated our growth much faster," said Mr Robertson at the time. Then First Minister Nicola Sturgeon described Alexander Dennis as a "true Scottish success story". She added: "ADL's continued commitment to invest in Scotland is testament to the skilled workforce here in Falkirk." Mr Robertson handed over the first bus to Lothian managing director Richard Hall on November 8, 2018 in a ceremony at the manufacturer's Falkirk plant that was attended by transport secretary Michael Matheson, and representatives of Scottish Enterprise and Transport Scotland. One worker told the Herald that the cuts were a "bolt from the blue", described the jobs threat as "horrendous" but said he would now be seeking employment elsewhere because the future looked "bleak". "I haven't slept since being informed my job was at risk and while I think everything should be done to keep it open, I just wonder whether it will be the case because the fear will be that even with further support, the move to England will just rear its head in the future," he said. "I won't be hanging around to find out because I'm not sure more support would be coming under the circumstances or will even be sufficient. I will take my redundancy cash and get out if I can." ADL was established in 2004 when a consortium of Scottish entrepreneurs led by Mr Souter and including Dame Ann Gloag (Souter's sister), Sir Angus Grossart and Sir David Murray acquired the business from Trans Bus International's administrators. A Scottish Enterprise spokesman said: 'Scottish Enterprise has had a strong strategic partnership with Alexander Dennis Limited for more than 10 years, during which time we have supported technology development, skills and cultural transformation at the company. We have recently been working closely with Alexander Dennis Limited to explore a range of possible options. We remain fully committed to continuing to work with the company during the consultation period to try and find a positive solution, despite the challenging circumstances. 'This is a deeply concerning time for the workforce and along with our public sector partners we will continue discussions on how best to support them at this difficult time.' Deputy first minister Kate Forbes said: 'The absolute focus right now is on supporting Alexander Dennis Ltd its workforce, as well as the families and communities they support. We also recognise the significance of the company within the local economy and across the wider supply chain. 'The Scottish Government has committed to exploring all viable options throughout the consultation period to allow the firm to retain their hard-working employees and manufacturing and production facilities at Falkirk and Larbert. 'We will continue to work in close collaboration with the company, trade unions, Scottish Enterprise, Transport Scotland and the UK Government.' Alexander Dennis was approached for comment.
