Latest news with #LadyRossKC
Yahoo
24-04-2025
- Politics
- Yahoo
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.' Broaden your horizons with award-winning British journalism. Try The Telegraph free for 1 month with unlimited access to our award-winning website, exclusive app, money-saving offers and more.
Telegraph
24-04-2025
- Politics
- Telegraph
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.'
The Herald Scotland
23-04-2025
- Politics
- The Herald Scotland
Schools must provide single-sex toilets in Scotland
Lady Ross KC made the declaration after Sean Stratford and Leigh Hurley brought forward a judicial review over concerns around policy at Earlston Primary School, near Berwickshire. It is a ruling that campaigners have warned could now set a precedent following a landmark Supreme Court judgement on the definition of a woman. Judges determined the term woman in the 2010 Equality Act related only to biological sex - not a transgender individual with a gender recognition certificate (GRC). It means government and public bodies are now considering a review of their policies, including on access to single-sex spaces. Mr Stratford and Ms Hurley complained at the lack of single-sex spaces at the replacement school, where their eight-year-old son Ethan was a pupil. The Berwickshire parents also feared their son would be reprimanded if he misgendered another pupil at the £16.6 million school. The local authority had previously dismissed concerns, but on Wednesday morning Ruth Crawford KC accepted the terms of the declarator on behalf of the council. READ MORE: Maggie Chapman accuses Supreme Court of 'bigotry' Ministers won't tell NHS Fife to settle tribunal over trans row Analysis: Why the gender row is here to stay following Supreme Court ruling Supreme Court ruling has significant and costly consequences for NHS Fife That made it clear the policies at the school were unlawful, it is understood. Ms Hurley told the Times newspaper that their son had been 'forced out' of the school. She said: 'We felt we had no choice but to pull our child out of the school which left him devastated. As a parent, you have a right to choose where you send your children to school and ultimately we were forced out, because they were breaking the law. 'We're hoping that following this ruling, this nonsense will stop, adults pay attention and properly safeguard all children within a school setting.' She also raised concerns about their three-year-old daughter potentially having to share communal bathrooms with boys once she joined the school. It comes amid concerns that public bodies, including councils, hospitals and prisons, had misinterpreted equalities legislation, which led many to adopt self-ID policies. For Women Scotland, who supported the parents, have warned that public institutions face more legal challenges while these policies continue. Representing the parents, solicitor Rosie Walker said the Court of Session ruling was "undoubtably" the first of many. READ MORE: Law Society slams Chapman's Supreme Court 'bigotry' remark Aberdonians hit out at Michael Gove's House of Lords title Swinney: Supreme Court sex ruling provides new clarity She told the Times: "The reality is that public bodies are subject to the Equality Act and they cannot outsource their responsibility to comply with it to campaigning bodies.' On X, For Women Scotland said the Court of Session decision was "clear" for all schools in Scotland. The Scottish Government has said it "accepts" the judgment of the Supreme Court and is set to meet with the Equality and Human Rights Commission (EHRC) on Thursday to determine next steps. The EHRC will present an updated code of conduct this summer which could influence guidance issued by public bodies. Meanwhile, Scottish First Minister John Swinney repeatedly refused to say whether he believed trans women were women during a press conference in Glasgow. The First Minister told journalists on Wednesday: 'That issue has been settled by the Supreme Court. 'The Supreme Court has given us the basis of law for that to be the case and that's what I accept.'
The National
23-04-2025
- Politics
- The National
Scottish schools must have single-sex toilets, judge orders
Scottish Borders Council were taken to court by two parents who had withdrawn their child from Earlston Primary School after bosses planned for the new building to only have unisex lavatories. Lady Ross KC issued a declarator – a court order – making clear the legal obligations on Scottish schools to provide single-sex facilities after a challenge from parents Sean Stratford and Leigh Hurley, The Times reports. They removed their eight-year-old son from the school after their concerns about plans for the new school included only mixed bathrooms were dismissed by the headteacher and the council. READ MORE: SNP lose control of Scottish council as Tories and Labour form coalition They were supported by For Women Scotland, who led the challenge which last week resulted in the Supreme Court finding that women were defined in law by biology. Ruth Crawford KC, representing the council at the Court of Session hearing on Wednesday, accepted the terms of the declarator which said that the Scottish Borders Council's toilet policy was unlawful. Hurley, 39, who works at Earlston Primary as a pupil support worker, told The Times she first raised concerns in November 2023 about the school supporting the 'social transition' of another pupil, which included allowing them to participate in sports day races in the category of their gender identity. She also said she was concerned her son would be punished if he misgendered trans pupils, adding: 'In the end we felt we had no choice but to pull our child out of the school, which left him devastated. 'As a parent, you have a right to choose where you send your children to school and ultimately we were forced out, because they were breaking the law. 'We're hoping that following this ruling, this nonsense will stop, adults pay attention and properly safeguard all children within a school setting.' READ MORE: 'Important milestone' as SNP launch new disability benefit across Scotland According to For Woman Scotland, schools across the country have installed mixed-sex toilets. Scottish Government guidance introduced in 2021 says that while bathrooms for boys and girls should be provided, schools should have gender-neutral lavatories 'where possible' and that trans pupils should 'the facilities they feel most comfortable with'. A spokeswoman for Scottish Borders council said: 'We can confirm the matter relates to Earlston Primary School, recently opened, but are unable to give any further comment beyond that at this stage.'
