May 14, 2025
Court rules Scottish schools must provide single-sex toilets in ruling that follows Supreme Court decision on the definition of women
In advance of a court hearing yesterday (23rd April), Scottish Borders Council conceded that its decision to reject a complaint by parents about gender neutral toilets was unlawful. It also accepted that it was obliged to provide single sex toilets in schools.
From left: Rosie Walker, Head of litigation at Gilson Gray LLP. Next to me is Trina Budge of For Women Scotland. Then it is the parents, Leigh Hurley and Sean Stratford. Finally Susan Smith also of For Women Scotland. FWS were supporting the parents.
Rosie Walker, Head of Litigation and Dispute Resolution at Gilson Gray LLP, represented parents, Leigh Hurley and Sean Stratford, who brought the case, supported by the campaign group, For Women Scotland. Counsel instructed were the Dean of Faculty, Roddy Dunlop KC and David Welsh. The Court of Session granted permission for the Judicial Review to proceed but the Council conceded their decision was unlawful without the need for a full hearing. The Council’s decision comes just a week after the Supreme Court issued its decision in the action brought by For Women Scotland, which held that sex means biological sex for the purposes of the Equality Act. Rosie acted for Interveners, Sex Matters, in the Supreme Court case.
Rosie said: “This is a very significant case, which makes clear that single sex toilets must be provided in schools. Many schools have been operating a de facto policy of self-identification, but this has been recognised as unlawful. While the Supreme Court ruling did not affect the law in this case, it has brought focus onto the fact that single sex spaces have to be respected. It has changed the climate and the debate around these issues.
This is likely to be the first of many cases, following the Supreme Court ruling, in which the courts will be asked to uphold the rights of women and girls.”
View some of our coverage below;
Judge orders Scottish schools to provide single-sex toilets – BBC News
https://www.dailyrecord.co.uk/news/scottish-news/scottish-schools-must-provide-single-35107133.amp
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Notes to Editors
Established in 2014, Gilson Gray has become one of Scotland’s most-acquisitive law, property, and finance firms, boasting one of the widest service ranges in Scotland, and a growing service offering across the UK. The firm is multi-award having recently been named Law Firm of the Year, Corporate Firm of the Year, and Litigation Firm of the Year, among other accolades. The firm now has offices in Edinburgh, Glasgow, East Lothian, Dundee, Aberdeen, Lincoln, and London, each of which allows clients access to Gilson Gray’s full range of property, legal and financial services.
Rosie Walker is a partner and Head of Litigation and Dispute Resolution at Gilson Gray LLP.
To discuss any of the points raised further, please contact her below or a member of our Litigation team here.
| Rosie Walker Partner, Head of Litigation | ||||
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