Primary pupils told to use separate gender toilets

Children in two primary schools in East Lothian with gender neutral toilets will be directed to use separate facilities in future after recent court rulings.

Wallyford Primary School, which opened in 2019 and Letham Mains Primary School, in Haddington, which opened in 2021 will now have signs identifying the toilets as boys and girls, with disabled toilets offering a third option.

Education bosses said the two schools, both built in the last six years, are the only ones in their area with fully gender neutral toilets – all others offer a range of access to pupils.

The changes come after the Supreme Court ruled earlier this month that a woman is defined by biological sex under the Equalities Act.

The Equality and Human Rights Commission has since issued an interim update saying that pupils should use toilet facilities corresponding with their biological sex.

Separately, the Court of Session in Scotland has ruled against Scottish Borders Council, following a challenge by parents, and ordered it to provide single sex toilets at a school where it provided gender neutral facilities only.

East Lothian Council confirmed the policy change as elected members met to agree funding for an upgrade of toilets at East Linton Primary School, which already has gender specific facilities.

The funding is required to allow the village school to meet demand for a growing pupil roll after the local authority lost out on Scottish government financial support to build a new school.

Other schools already under construction in East Lothian, which has one of the fastest growing populations in the country, will not need any review as they are all already compliant in offering gendered provision, the council said.

A council spokeswoman said the changes needed at Wallyford and Letham Mains Primary Schools were straightforward as the design of the facilities allowed for them to be easily re-designated.

She said work was ongoing to review the impact of the court rulings on schools and policies moving forward.

"Our education team will be engaging with school leaders in light of the Court of Session declarator and the Supreme Court ruling to determine if any changes will be required to our policies," the spokeswoman added.

Reporting by local democracy journalist Marie Sharp.