Review of school toilet provision underway in the Scottish Borders following court ruling
Last updated 24th Apr 2025
Scottish Borders Council has confirmed it's reviewing the toilet provision in all its schools, after a judge ruled they must provide single sex loos.
It follows a complaint from parents of a pupil at Earlston, where so-called "gender-neutral" toilets were installed at the town's new primary school, which opened in February at a cost of £16.6 million.
The local authority conceded that they had a legal obligation to provide male and female facilities at the Court of Session in Edinburgh on Wednesday.
Greatest Hits Radio understands the review will include the new secondary schools under construction in Galashiels and Peebles.
Julie Pirone, the council's Executive Member for Education, told us: "We need to look at the decision; we need to look at the provision that we've got in all our schools across the Borders to see if they are fit for purpose.
"For me, it's also about making sure that girls particularly have safe spaces to go to the toilet and they feel safe in doing so, and that's the most important thing out of this
"I don't expect it to be a huge amount of change, but there will be some tweaks to it, I suspect."
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The move comes after judges at the UK Supreme Court last week unanimously ruled that a woman is defined by biological sex under equalities law.
However, it's not the first time concerns have been raised over school toilets in the Borders.
Shortly after the new high school opened in Kelso in 2017, it was claimed girls were going an entire day without a toilet visit after refusing to use the unisex loos; while an elected official reported pupils at gender-neutral toilets in Jedburgh had been "waving sanitary products about like flags" and urinating in sanitary bins.
Councillor Pirone, who represents Tweeddale East on the council, said: "I think in Kelso it was to do with sightlines, being able to see in, so there wouldn't be a front door that we expect in some of the older toilet provision.
"I think that's a slightly different issue than individual toilets, or toilets for girls and boys. The legislation to me is quite clear, and we need to just look at the provision again to see what it's like going forward."
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Three new schools being planned and built by Scottish Borders Council are designed to have gender neutral toilets.
Wednesday's judgement at the Court of Session in Edinburgh ruled that mixed-sex schools must have single-sex toilets, but they can have gender neutral toilets in addition to that.
A Scottish Borders Council spokesperson said: "Prior to the hearing, SBC had accepted and acknowledged the decision that was being sought was correct and therefore did not seek to defend this in court.
"Moving forward, SBC will revisit and reconsider the complaint and respond in due course."
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