Young girls across Scotland are still being expected to share school toilets with boys – as new figures show that councils have received almost 100 complaints and representations about gender neutral loos in the last three years.
Scottish state schools were ordered to provide single sex toilets in a landmark ruling handed down by a judge at the Court of Session in Edinburgh last month.
Yet The Mail on Sunday has found that many of the 32 local authorities are ‘considering’ the verdict before making changes.
That is despite data showing there have been 94 queries raised by youngsters and staff about gender neutral or unisex loos since 2021. SNP-run East Dunbartonshire has received the most criticism.
Last night it admitted that 51 ‘complaints and representations’ had been made about their ‘inclusive’ loo provision.
However, a spokesman claimed only two official complaints were lodged with the council directly.
Scottish Conservative MSP Pam Gosal said: ‘Complaints about this issue are rife. It seems some councils are taking these and recording them while others appear to be brushing them under the carpet.
‘It’s totally unacceptable for any girl in school to have to share facilities such as toilets and changing areas with boys.’
Public bodies across Scotland have had to re-evaluate policies on single sex facilities after last month’s UK Supreme Court ruling on gender.
However, schools are under particular pressure after parents won a separate legal fight days later over single sex facilities at the new £16.6 million Earlston Primary School in Berwickshire.
Lawyer Rosie Walker of Gilson Gray, representing the parents, told the Mail that ‘gender-neutral toilets’ were not permitted under regulations dating back to 1967.
The case, which concerned Scottish Borders Council, has a knock on effect for all local authorities.
Judge Lady Ross, KC, said she would issue a court order to make legal obligations on state schools clear after Sean Stratford and Leigh Hurley brought the judicial review over their concerns about transgender policies at the school, where their son was a pupil.
The Mail on Sunday asked all councils what progress had been made since the Court of Session ruling on April 23.
Of the 19 which responded, only two – Glasgow and East Lothian – had changed signage in some schools.
Six councils said they already had single sex provision and the rest declared they were considering the court verdicts.
A Scottish Government spokesman said: ‘The Education Secretary is engaging with Cosla to carefully consider the implications of the Court of Session ruling.’