Latest news with #EarlstonPrimarySchool
STV News
24-04-2025
- Politics
- STV News
Single-sex toilets row: 'We shouldn't have had to fight for the law to be followed'
Parents who fought for single-sex toilets to be provided in state schools across Scotland have said the win is 'bittersweet' after a judge ruled in their favour. 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
ITV News
24-04-2025
- Politics
- ITV News
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.
BBC News
24-04-2025
- Politics
- BBC News
Parents 'elated' after judge rules schools must provide single-sex toilets
Parents in the Scottish Borders say they feel "elated" after a judge ruled that Scottish schools must provide single-sex toilets for local authority had installed only gender neutral toilets at the new Earlston Primary School, which recently Stratford and Leigh Hurley complained to the council about the policy at the school their son had previously attended, but it was council conceded that they had a legal obligation to provide male and female facilities at the Court of Session in Edinburgh on Wednesday. The local authority said it had accepted the argument prior to the hearing and therefore did not defend itself in move comes after judges at the UK Supreme Court last week unanimously ruled that a woman is defined by biological sex under equalities law. Ms Hurley said she had felt "very emotional and very tearful" since the conclusion of the case."It's felt bittersweet," she told BBC Scotland News."It should never have come this far, we should never have had to do a judicial review."We're grateful to the legal minds that supported us and we're thankful that we got the result that we got." 'It's the law' Mr Stratford said he was "delighted" but still felt "a bit of anger as to the way we were treated".He added: "It was very clear, and we pointed it out to them that it was very clear. "It's the law. This could have been dealt with at such an early stage." Ms Hurley said she found out through working at the school that children were allowed to play on the sports teams that matched the gender they identified asked more questions about this policy in the summer of 2023 and discovered that the toilets in the new school would be gender neutral. She said the school had failed to consult parents on well as Earlston, Jedburgh Grammar Campus - also in the Scottish Borders - only has gender neutral new schools being planned and built by Scottish Borders Council are designed to have gender neutral judgement ruled that mixed-sex schools must have single-sex toilets, but they can have gender neutral toilets in addition to Scotland News understands that the Scottish government is confident that the vast majority of schools in Scotland already offer single-sex lavatories. 'Confusing' guidance Ms Hurley said she received "confusing" guidance from the school after she raised concerns. She said she did not understand how the guidance would added: "We just thought there should be so much more of a holistic approach and I just wanted to understand how we can support everybody."Mr Stratford said they had requested risk and equality impact assessments on the council's decision, but they felt "dismissed" and "treated like we were imbeciles".He said in his view, the law was clear but the council kept referring to Scottish government guidance. Ms Hurley said it would be better to have three spaces that included a gender neutral option."We just couldn't understand why you had to take away the boy's space and the girl's space," she said. "We didn't understand the need for it."She said the case had cost "a lot of money", but they received some financial backing from For Women Scotland, as well as other donors they did not name."I think we're at a point where schools need more support from the government on this," she added. "You have to get it right for every child."Scottish Borders councillor Julie Pirone said the local authority would be reviewing the toilet provision in all its schools to ensure all children felt safe."It's not a huge review but we need to get it right," she added. "I expect it to be small and minor changes of what we've got because our new schools are absolutely fantastic facilities. "But this will make us pause and have a little rethink on the provision we've got and make sure they fit in with the legislation and the ruling we've had this week."After the court ruling, the Scottish government said it would carefully consider the implications of the judgement.A spokesperson added: "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."
Spectator
24-04-2025
- Politics
- Spectator
Scotland's school toilet ruling is another win for women's rights
In the Scottish Borders, Earlston Primary School's newly built campus has no single-sex toilet provision. This astonishing planning decision was reportedly made after undertaking training by LGBT Youth Scotland. It was also based on the Scottish government's similar guidance, which one can easily assume may well be based on the same advice, so eager have the SNP been to outsource their thinking on policy in this area to activist lobby groups they generously fund to then lobby them. Yesterday, this illegality was brought to a halt, aided in no small part by the victory of For Women Scotland in the Supreme Court last Wednesday, which reconfirmed that the legal situation all along had been that 'sex' in the Equality Act 2010 means, well, sex. A week on from this, the Court of Session in Edinburgh ruled on Wednesday that Scottish schools must provide single-sex toilets for students in a win for worried parents. The latest ruling came about after parents Sean Stratford and Leigh Hurley raised a judicial review over the lack of single-sex provision at Earlston primary, which their young son attended.
ITV News
24-04-2025
- Politics
- ITV News
'It has implications much further than Earlston Primary School' - gender court ruling analysis
Ministers at Holyrood and Westminster may not be able to say what the implications will be from the Supreme Court's ruling on the definition of a woman, but its effect is already being felt in the real world. This week's court order against Scottish Borders Council made it clear that state schools in Scotland must provide single-sex toilets for pupils. The case was brought before the Supreme Court ruling, but the fact its outcome was announced in the following days means it is very much linked. It has implications that reach much further than Earlston Primary School and one council. This case, again, made crystal clear that public bodies have obligations under law that contradict the drift of policymaking in recent years. Every area of public life has been affected by guidance that was aimed at making life easier for trans and non-binary people. The aim - to help a group of people who often feel alienated be more comfortable - might be laudable, but at almost every turn its execution was cack-handed. The controversial Gender Recognition Reform Act ended up being blocked by the previous Conservative UK Government, a decision that was backed by the courts. Unsurprisingly, the Scottish Government confirmed it will no longer be pursuing this legislation in the wake of the Supreme Court ruling despite legal commentators suggesting the judgment will have little effect on the Act. Bloody-mindedness and a refusal to listen to critics led to the shambles of the Isla Bryson case. Bryson raped two women and transitioned to self-identify as a woman after being charged but before conviction and imprisonment in a female prison. Following a backlash, Bryson was transferred to a male prison. Now wider Scottish Government guidance will have to change in the wake of the Supreme Court ruling last week that the definition of a 'woman' in the Equality Act is based on biology. Social Justice Secretary Shirley-Anne Somerville and Health Secretary Neil Gray are meeting the Equalities and Human Rights Commission on Thursday (NOTE: today, wasn't sure on style) to flesh out what alterations now have to be made, particularly around single-sex spaces. This will affect every public body in Scotland and will be a major shift in how public policy operates in Scotland. It will be a major challenge to ministers and officials to ensure they uphold women's rights as has been laid out to them by the law while ensuring that trans people's lives are not made worse. So far, despite their intentions, that has been the ultimate result of government actions.
