By Chris McCall

Copyright dailyrecord

Schools in Scotland must provide separate toilets for boys and girls under new official guidance issued today. Headteachers were previously told by the SNP Government that transgender pupils could use whatever toilets they felt most comfortable in. Schools were also told that there was no law in Scotland which meant pupils had to use toilets and changing rooms based on their biological sex. But that guidance has now been binned by SNP ministers after a recent landmark Supreme Court ruling on the definition of sex and a case brought by parents in the Borders. School toilets must now be made available on the basis of biological sex – but provision can also be made for gender neutral toilets. Jenny Gilruth, the SNP Education Secretary, said: “The Scottish Government has made clear it accepts the Supreme Court ruling and since April has been taking forward the detailed work that is necessary as a consequence of the ruling. That work is ongoing. “The rights of all children and young people must be respected in our schools. “We have brought forward updates to guidance to provide clarity and confidence to teachers and staff as they work to support the mental, physical and emotional health of transgender young people in our schools following recent significant legal and policy developments.” The new guidance marks a substantial change in the Scottish Government’s position. Previous guidance published in 2021 said there was no law that stated “only people assigned male at birth can use men’s toilets and changing rooms, or that only people assigned female can use women’s toilets and changing rooms”. It comes after a court ruling in April against Scottish Borders Council made it clear that state schools must provide single-sex toilets for pupils. The local authority admitted it was wrong to fail to install separate bathrooms for boys and girls at the new Earlston Primary School. Sean Stratford and Leigh Hurley had originally complained to the council about the policy at the school their son had previously attended, but it was rejected. The council eventually conceded that they had a legal obligation to provide male and female facilities at the Court of Session in Edinburgh. The local authority said it had accepted the argument prior to the hearing and therefore did not defend itself in court. The move came after judges at the UK Supreme Court unanimously ruled that a woman is defined by biological sex under equalities law. To sign up to the Daily R ecord Politics newsletter, click here