Exclusive:Edinburgh council produces single-sex guidance for schools as calls grow for Government action

Councillors are to be told that further updates will be needed in primary and secondaries but these will be decided “by committee” and taking into account “legal risk and cost”.

A review of the school estate following a Supreme Court ruling on the legal definition of “sex” found some Edinburgh schools had solely gender-neutral provision and were therefore in breach of legal regulations.

Now the local authority has published its updated guidance on balancing the rights of all pupils in toilets and changing facilities.

Alba MSP Ash Regan said she welcomed the “swift and decisive” action from the council.

“I hope this can finally pull the Scottish Government's head from the sand on following the law on sex based provisions and communicating that with the same clarity as the For Women Scotland v Scottish Ministers in April 2025 Supreme Court Judgment provided in April."

"Lady Ross KC at the Court of Session in June, in her judgment in the case brought by parents against Scottish Borders Council, further clarified practical implementation of the Equality Act 2010's definition of "sex" and stated that schools must provide separate facilities for boys and girls, as long established in the School Premises (General Requirements and Standards) Regulations 1967."

"This must finally draw a line under the years of muddled thinking and failure of leadership from the Scottish Government on women's rights and child safeguarding.”

Last week The Scotsman told how Edinburgh’s local authority had broken ranks in calling the Scottish Government’s existing guidance for trans-identifying pupils “unlawful”.

In response to a freedom of information request, the council said it would implement the government’s policies only where they do not contravene the law.

Susan Smith of For Women Scotland said: “It’s great to see such a robust paper and such prompt action from Edinburgh city council.

“As the council acknowledged, the government Transgender Guidance is unlawful and does not comply with building regulations or our Supreme Court judgment.

“It shames the Scottish Government, which continues to dither and delay in withdrawing the guidance, and less proactive councils which stubbornly maintain it.

“The safety and well-being of girls matter and we hope others now follow Edinburgh’s sensible lead and start to pay attention to their legal responsibilities.”

Newly updated guidance on single-sex spaces for schools will go before councillors at committee next week.

A report shows that no physical adaptations are required to any secondary school toilets but several secondary schools will be required to redesignate blocks of toilets as either male or female.

A spokeswoman for the council said the authority continues to support transgender and non-binary pupils while new national guidance is being prepared.

Ms Regan added: “The public will not tolerate the cost of the further humiliating consequences of ideology-driven thinking: we must ensure that rational, evidence-based process is returned to legislative and policy practice without delay."

She accused First Minister John Swinney of “passing the buck” to councils to make arrangements in school and “clean up the costly mess caused by a vacuum of lawful national guidance”.

Her comments come following a successful challenge by parents of Borders Council.

Sean Stratford and Leigh Hurley took the council to court about the policy at the school their son had previously attended.

The council conceded that it had a legal obligation to provide male and female facilities at the Court of Session

Ms Regan added: "It is unacceptable that Edinburgh, like other local authorities, have built and adapted school policy on an unlawful premise and is now left to take often costly emergency actions to ensure schools are compliant with the law. Rework of some facilities will not be without financial implications: will the Government compensate councils?"

"The Cabinet Secretary has questions to answer when parliament returns, and I would expect an apology to children, parents and staff who have been left with confusion and some distress when they should expect clarity and lawful accommodation for all pupils in Scotland's schools.”

Ms Regan added: “I suggest the government remembers to consult lawyers and safeguarding experts, not just their usual 'go-to' lobbyists.

“Safeguarding must always come first, with children and the vulnerable: single-sex provision exists for very good reasons and must never again be eroded by ill-thought-out policy driven more by ideology than by evidence.

"I will continue to press the Government to provide clear, lawful, and workable national guidance on schools without further delay.”

A Scottish Government spokesperson said: “The Scottish Government is committed to ensuring that this guidance remains up to date and fit for purpose. As with any significant legal or policy developments, we are considering whether the guidance requires to be updated to reflect these.”