Sean Stratford and Leigh Hurley, parents of a child who previously attended Earlston Primary, were overjoyed and relieved after last month’s judicial ruling. This decision requires single-sex toilets to be rolled out in any school with a mixed-sex population. The decision comes after the couple’s complaints to Scottish Borders Council regarding the toilet policy in the newly constructed school building, which opened its doors in February.
Naturally, the couple felt deeply hurt that their concerns were ignored when the council dismissed their calls for a risk and equality impact assessments. Stratford noted that he thought the law was crystal clear, but the council kept quoting the Scottish government guidance instead.
The firestorm started when Hurley found a discriminatory, school-wide policy. During her time, she learned that students were allowed to join sports teams according to the gender they identified as. During the summer of 2023, she inquired how the school would handle students using the restroom. When she found out that the new building would feature gender-neutral bathrooms, she was overjoyed.
As well as Earlston Primary, the Jedburgh Grammar Campus only provides gender-neutral toilets at this time. Scottish Borders Council is in the process of opening three new schools. These schools will include gender-neutral facilities, a change that many parents have expressed worry over children’s privacy and safety.
“We just couldn’t understand why you had to take away the boy’s space and the girl’s space.” – Leigh Hurley
Stratford and Hurley described an experience of being ignored during their encounters with council members. They shared how they were talked down to, treated like idiots. Following on attempting to address these issues, Hurley revealed that the guidance she was given by the school was “confusing.”
The ruling also recently made it clear that mixed-sex schools need to offer single-sex toilets. They can—and should—include gender-neutral alternatives too. Scottish Borders councillor Julie Pirone told BBC reporting on the ruling that her council would review toilet provisions across all its schools. Her vision is that every child should grow up safe and healthy.
“It’s the law. This could have been dealt with at such an early stage.” – Sean Stratford
Though they were frustrated to begin with, both parents said they felt happy with the decision. Stratford stated he was “delighted” but still felt “a bit of anger as to the way we were treated.” Hurley opened up about her emotional experience since the case’s resolution, explaining that at times she has been “extremely emotional” and “very tearful.”
Hurley proposed combining three different spaces—a traditional men’s, a women’s, and a gender-neutral space—to better reflect the needs of all students. She emphasized the importance of an integrated strategy to school policy. She urged the administration to invest greater political capital into addressing these deeply-rooted challenges.
“I think we’re at a point where schools need more support from the government on this.” – Leigh Hurley
The council’s measured response suggests a willingness to reconsider their current regulations. One source noted, “This will make us pause and have a little rethink on the provision we’ve got and make sure they fit in with the legislation and the ruling we’ve had this week.”
As decisions on toilet supplies in schools are debated and decided, parents like Stratford and Hurley will be watching closely. They remain committed to seeing how these changes will be enacted. They are trying to ensure that what happened to them doesn’t happen again and hoping to create a more inclusive environment for all children.
