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Schools to create single-sex toilets after gender row

Getty Images A generic photo of a ladies' toilet sign on a wall outside a toilet. The sign has a white lady symbol on a red background. The doorway has pale cream tiles.Getty Images
Schools have brought back single-sex toilets following the Supreme Court ruling

At least six schools across Scotland that previously offered only gender-neutral toilets are to create single-sex facilities following a legal ruling.

Schools in Scottish Borders, Shetland and Aberdeenshire plan to change provision by adding separate bathrooms for boys and girls.

In April, a judge ordered that Scottish schools must provide single-sex toilets for pupils following a court challenge.

The Scottish government said that local authorities have statutory responsibility for the school estate, including the provision of toilets.

Most schools in Scotland offer at least some form of gender neutral bathrooms, but the vast majority also have single-sex provision.

The rules around gender provision in school toilets have not been updated in almost 60 years since the School Premises (General Requirements and Standards) (Scotland) Regulations 1967 came into force.

In April, a couple from the Borders took their local authority to court over the installation of only gender-neutral toilets at the new Earlston Primary School.

The judge ruled that mixed-sex schools must have single-sex toilets, but they can have gender neutral toilets in addition to that.

The council conceded that they had a legal obligation to provide male and female facilities at a hearing at the Court of Session in Edinburgh.

The following week, East Lothian Council said children in two of their primary schools with gender neutral toilets would be directed to use separate facilities in future.

What are other councils doing?

Dumfries and Galloway Council said its legal team was considering its position in relation to the court ruling before deciding how to respond.

Meanwhile, City of Edinburgh Council said it was "considering what changes may need to be made" and would provide an update over the summer.

Five other councils - Clackmannanshire, East Ayrshire, North Ayrshire, Midlothian and Perth and Kinross - all confirmed they had at least one school in their area which offered no single-sex facilities.

They did not provide an update on any changes to provision since then.

Argyll & Bute, South Ayrshire, Moray, Stirling and South Lanarkshire councils said none of their schools offered any gender-neutral provision for pupils.

Ministers are considering the separate implications of the Supreme Court judgement on the definition of sex, and whether any changes will have to be made to toilet provisions based on that.

In May, the Scottish Secondary Teachers Association called on the Scottish government to urgently publish new guidance on how schools should deal with single-sex spaces.

An earlier version of this story incorrectly stated that 18 schools were going to change their arrangements. These figures wrongly included gender neutral staff toilets which maybe affected by a separate ruling.