Exclusive:Scottish schools told to wait for guidance on single-sex toilets after Supreme Court ruling

The SNP is being warned that its lack of guidance puts girls’ safety ‘at risk’.

The SNP is being accused of “refusing” to implement the UK Supreme Court’s gender ruling in Scottish schools.

Education Secretary Jenny Gilruth said schools would have to wait for government guidance on single-sex toilets, despite warnings the delay puts girls’ safety “at risk”.

The Supreme Court in April ruled the words “woman” and “sex” in the Equality Act 2010 refers to biological sex only.

In recent months a judge also ordered Scottish schools to provide single-sex toilets after a court challenge, but the Government said this was the responsibility of individual councils.

When asked by The Scotsman if she is concerned about schools being left to make their own decisions on single-sex toilets, Ms Gilruth said: “As you’ll be aware, in relation to the Supreme Court ruling, we are working across government.

Education Secretary Jenny Gilruth | Press Association.

“Social Justice Secretary Shirley-Anne Somerville is leading that work and the EHRC [Equality and Human Rights Commission] has launched a consultation. We will respond to that in due course. But we have published updated guidance, which is shared with all local authorities, and we are engaging directly with the EHRC.”

She said both Ms Somerville and Health Secretary Neil Gray met with the EHRC last week to discuss the Supreme Court’s rulings and the implications that would have for Scotland.

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Ms Gilruth said: “I am not able to say anything further because we have to wait for that update from the EHRC.”

This comes just days after at least six schools in Aberdeenshire, the Borders and Shetland, which previously only offered gender-neutral toilets, said they would be creating single-sex facilities on the back of the Supreme Court verdict.

Clackmannanshire, East Ayrshire, North Ayrshire, Midlothian, and Perth and Kinross councils all have at least one school that offers no single-sex facilities.

Argyll and Bute, South Ayrshire, Moray, Stirling and South Lanarkshire councils said none of their schools offered any gender-neutral facilities for pupils.

Tess White, the Scottish Conservatives’ equalities spokeswoman, said: “This is yet another example of an SNP minister refusing to implement the Supreme Court’s judgement.

“Forcing girls to use mixed-sex toilets at school puts their safety at risk, but the SNP are obsessed with gender ideology at the expense of everything else.

“Only the Scottish Conservatives can be trusted to robustly defend single-sex spaces for women and girls.”