Highland schools’ unisex toilets under ‘priority’ review after court ruling that may impact Alness Academy, Wick High, Inverness Royal Academy and Charleston Academy

Highland Council schools with unisex toilets must now change to single-sex facilities following a ruling from Scotland’s highest court.

The development comes after the Court of Session issued an order as a result of Scottish Borders Council conceding a case about gender neutral toilets.

A judicial review had been sought by parents concerned about unisex toilets at Earlston Primary School, they were also worried about “misgendering” punishment.

Borders Council recognised that their gender neutral toilets were “unlawful” after the Supreme Court ruled a woman is defined by biological sex in equalities law.

The consequence is the court order, called a declarator, being issued by judge Lady Ross KC to ensure the legal obligations of Scottish state schools are clear.

Highland Council refused to say which schools were affected but said it was studying the implications of that declarator as a “priority”.

Previously the council said Alness Academy, Wick High, Inverness Royal Academy and Charleston Academy had unisex facilities.

A Highland Council spokesman said it “is carefully considering the implications of the ruling in the recent court case and will be reviewing the arrangements for toilet provision across its school estate as a priority”.

The council will have to offer single-sex toilets or fall foul of the law amid a chequered history over its attempts to introduce gender neutral facilities.

At the weekend, members of the LGBTQ+ community protested outside Inverness Town House against the Supreme Court ruling.

The issue emerged in 2021 when parents and pupils at Culloden Academy spoke out against plans for unisex toilets there, singling out the consultation as problematic.

At the time, the council said: "There are similar facilities in place at Alness Academy, Wick High School, Inverness Royal Academy and Charleston Academy.

"These are in line with what is happening across Scotland - open plan / unisex facilities are generally being used in new-builds and refurbishments."

Ultimately, the council said it would change one facility to boys’ toilets, another to girls’ and a third would be unisex.

The issue reappeared relating to the Ness Castle and Ness-side primary and nursery when it emerged that three will be for mixed use with no single-sex alternatives.

In 2016, the council issued guidance that stated: “Use of accessible toilets is less than ideal and best practice shows that having gender neutral toilets is the most equal and inclusive solution.”

The Equality and Human Rights Commissioned interim guidance for schools in the wake of the UK Supreme Court judgment in For Women Scotland v The Scottish Ministers.

It states: “Schools must provide separate single-sex toilets for boys and girls over the age of 8. It is also compulsory for them to provide single-sex changing facilities for boys and girls over the age of 11.

“Pupils who identify as trans girls (biological boys) should not be permitted to use the girls’ toilet or changing facilities, and pupils who identify as trans boys (biological girls) should not be permitted to use the boys’ toilet or changing facilities.

“Suitable alternative provisions may be required”.