Scottish schools have been ordered to provide separate boys’ and girls’ toilets following a legal challenge against the Scottish Borders Council (SBC). The case was sparked by the new Earlston Primary School, which controversially opened with only gender-neutral restrooms—ignoring long-standing norms and parental concerns.
Parents Sean Stratford and Leigh Hurley, whose son attended the school, initially had their complaint dismissed. However, in a decisive turn at the Court of Session in Edinburgh, SBC admitted they were in breach of legal requirements. Under the School Premises (General Requirements and Standards) (Scotland) Regulations 1967, schools are mandated to provide a 50/50 split of toilets for boys and girls.
“This case will have far-reaching implications,” said Rosie Walker, the attorney representing the parents. According to Walker, all Scottish schools must now revisit their toilet policies to ensure compliance with the law—reinforcing the legal necessity of sex-separated facilities.
The ruling comes just days after the UK Supreme Court clarified that the legal definition of “woman” is rooted in biological sex, not self-declared gender identity. Walker noted the combined significance of both decisions, emphasizing the renewed focus on protecting sex-based rights and preserving single-sex spaces—something many parents and traditionalists have long demanded.
In an uncharacteristically humble response, SBC accepted the validity of the parents’ concerns and chose not to contest the matter further. A spokesperson for the Scottish Government acknowledged that local councils are responsible for such matters and noted that the government’s transgender guidance for schools may be revised in light of recent legal rulings.
Amid shifting political winds, Prime Minister Keir Starmer also appeared to walk back earlier progressive positions, stating he now agrees with the biological reality of sex—a stance he previously avoided.
The court ruling is a reminder that parental rights and biological truths still matter in a society increasingly influenced by radical gender ideology. It’s a step forward for those who believe schools should prioritize child safety, privacy, and common sense over activism.
