Single-sex toilets row: 'We shouldn't have had to fight for the law to be followed'
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.'
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.'
Get all the latest news from around the country Follow STV News
Scan the QR code on your mobile device for all the latest news from around the country
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Glasgow Times
2 hours ago
- Glasgow Times
Rylan Clark calls for more stories about transgender people amid ‘wave of hate'
In an appearance at the Edinburgh TV Festival, Clark, 36, who has presented on This Morning and Big Brother's Bit On The Side, spoke about the adversity LGBT+ people can face, as well as his own experience growing up gay. He said: 'I feel that there is a mass wave of hate just sweeping the community, especially trans people at the moment. Rylan Clark was speaking at the Edinburgh TV Festival (Ian West/PA) 'There's a lot of people that are talking about bathrooms and spaces and things like this and people are just being tarnished with the same brush.' The presenter explained there is a mindset that because one transgender person does something bad 'that means all trans people are awful people'. He said: 'Trans people … they're going through a wave of hate at the minute, and I think there is space to show real stories, real trans people. 'A lot of people out there think trans people are the enemy, f*** me. 'I'd like you to walk a mile in their shoes and see who the real enemy is out there to people, because the stories that I know of friends of mine and people that I've grown up with, transitions are awful, absolutely awful.' Over the Easter period, the Supreme Court declared that the words 'woman' and 'sex' in the Equality Act refer to a biological woman and biological sex. The Equality And Human Rights Commission's interim update on the implications of the judgment said transgender people should not use toilets and other services of the gender they identify as. Trans rights protests took place across the country following the ruling and celebrities showed their support by signing an open letter in solidarity with transgender people. At the end of July, the London Trans Pride saw a record-breaking turnout of about 100,000 people, making it 'the largest Trans Pride event in history', according to organisers. Clark said he does not want or need Pride but added that the annual celebratory event is needed because of the way LGBT+ people are treated. Rylan Clark spoke to actor Russell Tovey (Ian West/PA) At the Scottish TV event, the BBC Radio 2 presenter spoke to actor Russell Tovey and the two reflected on their respective experiences growing up gay in Essex. Speaking about a nightclub he would go to as a young man, Tovey said: 'It was a really important safe space, which I didn't realise at the time how important that was. 'And now you hear about so many safe spaces disappearing for so many queer people, and the importance of that, of somewhere where you can relax and be amongst the people who understand you. 'The disappearances of those is dangerous.'
The Herald Scotland
3 hours ago
- The Herald Scotland
Rylan Clark calls for more stories about transgender people amid ‘wave of hate'
He said: 'I feel that there is a mass wave of hate just sweeping the community, especially trans people at the moment. Rylan Clark was speaking at the Edinburgh TV Festival (Ian West/PA) 'There's a lot of people that are talking about bathrooms and spaces and things like this and people are just being tarnished with the same brush.' The presenter explained there is a mindset that because one transgender person does something bad 'that means all trans people are awful people'. He said: 'Trans people … they're going through a wave of hate at the minute, and I think there is space to show real stories, real trans people. 'A lot of people out there think trans people are the enemy, f*** me. 'I'd like you to walk a mile in their shoes and see who the real enemy is out there to people, because the stories that I know of friends of mine and people that I've grown up with, transitions are awful, absolutely awful.' Over the Easter period, the Supreme Court declared that the words 'woman' and 'sex' in the Equality Act refer to a biological woman and biological sex. The Equality And Human Rights Commission's interim update on the implications of the judgment said transgender people should not use toilets and other services of the gender they identify as. Trans rights protests took place across the country following the ruling and celebrities showed their support by signing an open letter in solidarity with transgender people. At the end of July, the London Trans Pride saw a record-breaking turnout of about 100,000 people, making it 'the largest Trans Pride event in history', according to organisers. Clark said he does not want or need Pride but added that the annual celebratory event is needed because of the way LGBT+ people are treated. Rylan Clark spoke to actor Russell Tovey (Ian West/PA) At the Scottish TV event, the BBC Radio 2 presenter spoke to actor Russell Tovey and the two reflected on their respective experiences growing up gay in Essex. Speaking about a nightclub he would go to as a young man, Tovey said: 'It was a really important safe space, which I didn't realise at the time how important that was. 'And now you hear about so many safe spaces disappearing for so many queer people, and the importance of that, of somewhere where you can relax and be amongst the people who understand you. 'The disappearances of those is dangerous.'
Western Telegraph
4 hours ago
- Western Telegraph
Rylan Clark calls for more stories about transgender people amid ‘wave of hate'
In an appearance at the Edinburgh TV Festival, Clark, 36, who has presented on This Morning and Big Brother's Bit On The Side, spoke about the adversity LGBT+ people can face, as well as his own experience growing up gay. He said: 'I feel that there is a mass wave of hate just sweeping the community, especially trans people at the moment. Rylan Clark was speaking at the Edinburgh TV Festival (Ian West/PA) 'There's a lot of people that are talking about bathrooms and spaces and things like this and people are just being tarnished with the same brush.' The presenter explained there is a mindset that because one transgender person does something bad 'that means all trans people are awful people'. He said: 'Trans people … they're going through a wave of hate at the minute, and I think there is space to show real stories, real trans people. 'A lot of people out there think trans people are the enemy, f*** me. 'I'd like you to walk a mile in their shoes and see who the real enemy is out there to people, because the stories that I know of friends of mine and people that I've grown up with, transitions are awful, absolutely awful.' Over the Easter period, the Supreme Court declared that the words 'woman' and 'sex' in the Equality Act refer to a biological woman and biological sex. The Equality And Human Rights Commission's interim update on the implications of the judgment said transgender people should not use toilets and other services of the gender they identify as. Trans rights protests took place across the country following the ruling and celebrities showed their support by signing an open letter in solidarity with transgender people. At the end of July, the London Trans Pride saw a record-breaking turnout of about 100,000 people, making it 'the largest Trans Pride event in history', according to organisers. Clark said he does not want or need Pride but added that the annual celebratory event is needed because of the way LGBT+ people are treated. Rylan Clark spoke to actor Russell Tovey (Ian West/PA) At the Scottish TV event, the BBC Radio 2 presenter spoke to actor Russell Tovey and the two reflected on their respective experiences growing up gay in Essex. Speaking about a nightclub he would go to as a young man, Tovey said: 'It was a really important safe space, which I didn't realise at the time how important that was. 'And now you hear about so many safe spaces disappearing for so many queer people, and the importance of that, of somewhere where you can relax and be amongst the people who understand you. 'The disappearances of those is dangerous.'
