Mother and father Sean Stratford and Leigh Hurley received a authorized problem in opposition to Scottish Borders Council for putting in solely gender-neutral services at a brand new major college.
A Scottish decide has dominated that each one state schools should present separate female and male bogs, following a landmark case introduced by mother and father in opposition to Scottish Borders Council.
The choice, handed down on the Courtroom of Session in Edinburgh, got here after Sean Stratford and Leigh Hurley challenged the council’s coverage at Earlston Main Faculty, the place their eight-year-old son had been a pupil. The £16.6 million substitute college opened with solely gender-neutral bathrooms—one thing the mother and father argued breached authorized necessities and put kids in danger.
The council conceded in court docket that it had didn’t adjust to its authorized obligation below the Faculty Premises (Normal Necessities and Requirements) (Scotland) Laws 1967, which require the availability of single-sex bathrooms in faculties.
Woman Ross KC, who presided over the case, confirmed she would concern a proper court docket order, or declarator, clarifying the authorized place for all Scottish faculties.
Rosie Walker, solicitor for the mother and father and companion at Gilson Grey LLP, welcomed the judgment, stating: “This case, on high of the Supreme Courtroom determination final week, provides focus to the significance of defending sex-based rights and single-sex areas.” She added that the ruling would have “far-reaching implications” for faculties throughout Scotland.
Ms Hurley, 39, who works on the college as a pupil help employee, first raised issues in late 2023 in regards to the college’s broader transgender inclusion insurance policies, which included permitting a pupil to socially transition and take part in sports activities in keeping with their gender id. She later found the varsity deliberate to haven’t any sex-segregated bathroom services, and that kids may face punishment for “misgendering” friends.
“We simply need all kids to be safeguarded,” Hurley mentioned. “Now we have nice empathy for any baby, however we simply wished our rights revered on the similar time, and that wasn’t taking place.”
The couple in the end withdrew their son from the varsity, citing emotional misery and issues about their youthful daughter, who would have additionally been anticipated to make use of gender-neutral bogs as soon as she enrolled.
Stratford, 42, mentioned: “We’ve received, however frequent sense says we must always by no means have been on this place within the first place. We introduced this to their consideration when it was nonetheless a constructing web site.”
The authorized motion was supported by marketing campaign group For Ladies Scotland, which lately received a serious case on the UK Supreme Courtroom affirming that, below equalities legislation, “girl” refers to organic intercourse.
Though the Supreme Courtroom ruling didn’t immediately deal with college bathroom laws, Walker mentioned it helped underline the authorized requirement to guard single-sex areas. She additionally criticised public our bodies for counting on recommendation from activist teams somewhat than adhering to the legislation.
“It’s an enormous downside that faculties and councils have deferred to marketing campaign teams somewhat than sticking to their authorized obligations,” she mentioned. “That is undoubtedly the primary of many instances during which we are going to see the rights of girls and women upheld by the courts.”
Scottish Borders Council has now been ordered to revisit the broader complaints made by the mother and father, together with insurance policies on transgender inclusion and self-discipline, and should reply inside 20 days.
A council spokesperson confirmed the matter associated to Earlston Main Faculty however declined to remark additional. They added that the council had accepted the authorized place earlier than the court docket listening to and would now assessment the criticism.
The Scottish authorities mentioned it was contemplating the implications of each the Courtroom of Session and the Supreme Courtroom rulings.
A spokesperson added: “Native authorities have statutory accountability for the varsity property, together with provision of bogs.
“The Scottish authorities is dedicated to making sure that our Transgender Steerage for Colleges stays updated and match for objective.
“As with every vital authorized or coverage developments, we are going to take into account whether or not the steerage requires to be up to date to replicate upon these.”
Ministers are anticipated to satisfy with the Equality and Human Rights Fee later this week to debate the difficulty, with new nationwide steerage anticipated within the close to future.
