Latest news with #Regulations1967
Scottish Sun
a day ago
- Politics
- Scottish Sun
Scots schools that previously offered only gender-neutral toilets to make major change
The majority of schools in Scotland offer both single-sex and gender-neutral toilets LOO RULES Scots schools that previously offered only gender-neutral toilets to make major change Click to share on X/Twitter (Opens in new window) Click to share on Facebook (Opens in new window) SCHOOLS that previously offered only gender-neutral toilets are set to make a major change following a legal ruling. Around 18 schools in Scotland will reintroduce single-sex facilities in the wake of the Supreme Court ruling in April that a woman is defined by biological sex. Sign up for Scottish Sun newsletter Sign up 1 Schools across Scotland will reintroduce single-sex facilities following April's Supreme Court ruling Credit: PA This then meant that guidance around toilets, changing rooms and other facilities had to be reviewed to exclude trans people where single-sex services are provided. Now, schools in Aberdeenshire, Argyll and Bute, Scottish Borders and Shetland will create separate bathrooms for boys and girls. It comes after the Scottish government said that local authorities have a statutory responsibility for the school estate, including the provision of toilets. The majority of schools in Scotland offer both single-sex and gender-neutral toilets. But data obtained by BBC Scotland News revealed that 52 schools across 11 council areas have only gender-neutral toilets. Ten of these are located in Shetland, which now plans to add separate provisions. Scottish Borders, Aberdeenshire and Argyll and Bute councils are also following suit. The rules around gender provision in school toilets have not been updated since the School Premises (General Requirements and Standards) (Scotland) Regulations 1967 came into force. Seven councils are yet to confirm whether their schools will comply with the ruling. Dumfries and Galloway Council's legal team is reviewing its position. Landmark UK Supreme Court rules 'woman' means biological female in humiliating defeat for SNP Meanwhile, City of Edinburgh Council is "considering what changes need to be made" with an update expected this summer. Five other councils - Clackmannanshire, East Ayrshire, North Ayrshire, Midlothian and Perth and Kinross - all confirmed that they had at least one school in which offered no single-sex facilities. They did not confirm whether changes would be made. South Ayrshire, Moray, Stirling and South Lanarkshire councils said none of their schools had any gender-neutral toilets.
Scotsman
27-04-2025
- General
- Scotsman
Teachers must not be left to 'interpret' gender legal rulings after Supreme Court verdict, union warns
Sign up to our daily newsletter – Regular news stories and round-ups from around Scotland direct to your inbox Sign up Thank you for signing up! Did you know with a Digital Subscription to The Scotsman, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... A leading education union has warned that teachers across Scotland must not be left 'trying to interpret' the law in the wake of the landmark Supreme Court ruling on how women are defined and a significant Court of Session case over the provision of single sex lavatories in schools. The National Association of Schoolmasters Union of Women Teachers union (NASUWT) stressed it was 'vital' the Scottish Government provides 'clarity and guidance' to schools and colleges throughout the country 'as quickly as possible'. Advertisement Hide Ad Advertisement Hide Ad The recent legal developments are likely to have sweeping implications across the education sector, with the Court of Session case expected to bring about widespread changes in the provisions of toilets in schools around Scotland. In the wake of that judicial review, brought by parents against Scottish Borders Council after the local authority installed only gender neutral lavatories at a new-build primary, a judge has ordered that schools must provide single-sex toilets for students. The issue of gender neutral toilets has gained prominence after last week's Court of Session hearing. Picture: Mark Ralston/AFP via Getty Images | AFP via Getty Images An interlocutor issued by Lady Ross, the judge who presided over the hearing, states that under regulation 15 of the School Premises (General Requirements and Standards) (Scotland) Regulations 1967, save where paragraph 15(1A) of the same regulations apply, mixed sex schools must provide 'separate sanitary accommodation for boys and girls'. The gender critical campaign group, For Women Scotland (FWS), which supported Sean Stratford and Leigh Hurley in their judicial review, has previously pointed to the same 58 year-old legislation when advancing its argument for single-sex lavatories. Advertisement Hide Ad Advertisement Hide Ad Now, Mike Corbett, NASUWT's Scotland national official, has called on Scottish ministers to make clear that schools and teaching staff are not at risk of misinterpreting the changes. He said: 'The implications of both this week's ruling and the Supreme Court judgement will need to be considered carefully, and it is vital that the Scottish Government provides clarity and guidance to schools and colleges as quickly as possible. 'Schools and teachers have an obligation and a desire to ensure all pupils are treated with respect and equality and must not be left in a position of trying to interpret the law for themselves.' Susan Smith and Marion Calder, right, co-directors of For Women Scotland with campaigners celebrate outside the Supreme Court in London after terms "woman" and "sex" in the Equality Act were ruled to refer to a biological woman and biological sex. Picture: Lucy North/PA Wire | PA A spokesman for the EIS union said: 'School toilet provision should be arranged such that all children and young people, including non-binary learners, girls and boys who are transgender and those who are not, disabled and non-disabled learners, can have their rights and dignity fully upheld and respected.' Advertisement Hide Ad Advertisement Hide Ad It remains unclear how many schools across the country have mixed-sex toilets. But research conducted last year by FWS indicated that around a fifth of secondaries had installed the facilities; around 16 per cent provided a combination of single-sex and mixed-sex toilets, while 5 per cent provided mixed-sex toilets only, according to the group. In February, ministers announced plans to 'refresh and modernise' school premises regulations, which set out the broad minimum standards that school buildings must meet. Following the Court of Session judicial review, the Scottish Government said it would carefully consider the implications. 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.
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.'
Daily Record
23-04-2025
- Politics
- Daily Record
Scottish schools must provide single-sex toilets after parents win landmark legal battle
A Scottish judge has ruled that all state schools must provide separate male and female toilets, following a landmark case brought by parents against Scottish Borders Council. The decision, handed down at the Court of Session in Edinburgh, came after Sean Stratford and Leigh Hurley challenged the council's policy at Earlston Primary School, where their eight-year-old son had been a pupil. The £16.6 million replacement school opened with only gender-neutral lavatories—something the parents argued breached legal requirements and put children at risk. The council conceded in court that it had failed to comply with its legal obligation under the School Premises (General Requirements and Standards) (Scotland) Regulations 1967, which require the provision of single-sex lavatories in schools. Lady Ross KC, who presided over the case, confirmed she would issue a formal court order, or declarator, clarifying the legal position for all Scottish schools. Rosie Walker, solicitor for the parents and partner at Gilson Gray LLP, welcomed the judgment, stating: "This case, on top of the Supreme Court decision last week, gives focus to the importance of protecting sex-based rights a nd single-sex spaces." She added that the ruling would have 'far-reaching implications' for schools across Scotland. Ms Hurley, 39, who works at the school as a pupil support worker, first raised concerns in late 2023 about the school's broader transgender inclusion policies, which included allowing a pupil to socially transition and participate in sports in line with their gender identity. She later discovered the school planned to have no sex-segregated toilet facilities, and that children could face punishment for "misgendering" peers. 'We just want all children to be safeguarded,' Hurley said. 'We have great empathy for any child, but we just wanted our rights respected at the same time, and that wasn't happening.' The couple ultimately withdrew their son from the school, citing emotional distress and concerns about their younger daughter, who would have also been expected to use gender-neutral toilets once she enrolled. Stratford, 42, said: 'We've won, but common sense says we should never have been in this position in the first place. We brought this to their attention when it was still a building site.' The legal action was supported by campaign group For Women Scotland, which recently won a major case at the UK Supreme Court affirming that, under equalities law, "woman" refers to biological sex. Although the Supreme Court ruling did not directly address school toilet regulations, Walker said it helped underline the legal requirement to protect single-sex spaces. She also criticised public bodies for relying on advice from activist groups rather than adhering to the law. 'It's a huge problem that schools and councils have deferred to campaign groups rather than sticking to their legal obligations,' she said. 'This is undoubtedly the first of many cases in which we will see the rights of women and girls upheld by the courts.' Scottish Borders Council has now been ordered to revisit the wider complaints made by the parents, including policies on transgender inclusion and discipline, and must respond within 20 days. A council spokesperson confirmed the matter related to Earlston Primary School but declined to comment further. They added that the council had accepted the legal position before the court hearing and would now review the complaint. The Scottish government said it was considering the implications of both the Court of Session and the Supreme Court rulings. 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." Ministers are expected to meet with the Equality and Human Rights Commission later this week to discuss the issue, with new national guidance anticipated in the near future.
