In a case dubbed the “first of many” which will see the rights of women and girls asserted in the wake of the Supreme Court’s judgment in For Women Scotland v The Scottish Ministers, Scottish Borders Council admitted it was wrong to fail to install separate bathrooms for boys and girls at the new Earlston Primary School.

Lady Ross in the Outer House said she would issue a declarator making the law clear for state schools following the judicial review that was sought by Sean Stratford and Leigh Hurley over their concerns about transgender policies at Earlston – where their eight-year-old son Ethan was a pupil.

They complained about the absence of separate-sex facilities, in addition to trans inclusion policies for sports days and the punishment their son would incur if he “misgendered” other pupils.

But head teacher Kevin Wilson dismissed their concerns. Scottish Borders Council said it did not have to consult parents about lavatory policy.

Ruth Crawford KC, for the council, accepted the declarator that made clear the policy had been unlawful.

Ms Hurley, 39, who works at the school as a pupil support assistant, said: “We just want all children to be safeguarded. We have great empathy for any child, but we just wanted our rights respected at the same time, and that wasn’t happening.

“In the end we felt we had no choice but to pull our child out of the school, which left him devastated. As a parent, you have a right to choose where you send your children to school and ultimately we were forced out, because they were breaking the law.

“We’re hoping that following this ruling, this nonsense will stop, adults pay attention and properly safeguard all children within a school setting.”

Mr Stratford, 42, said: “We’ve won, but common sense says we should never have been in this position in the first place. We brought this to their attention when it was still a building site, so they could have rectified it there and then, and saved them a fortune.”