Court rules mixed-sex toilets at West Lothian primary school are unlawful
Last updated 4th Jun 2026
A judge has ruled that West Lothian Council acted unlawfully in its provision of toilets at a primary school where the main facilities are in mixed-sex areas.
The case was brought by the parents of a girl who started at the school in August last year.
The court heard that boys and girls can access the same main toilet areas, although they are not allowed to enter cubicles marked for the opposite sex.
Judge Lady Poole found the arrangements amounted to indirect discrimination under the Equality Act 2010 and breached school regulations.
The court heard the pupil found the situation distressing and often avoided using the toilets during the school day.
Lady Poole said the toilet provision placed girls at a disadvantage and failed to provide separate sanitary accommodation for boys and girls as required by law.
The judge rejected a separate claim of harassment.
West Lothian Council argued it had been following Scottish Government guidance on toilet provision.
However, Lady Poole said councils must comply with the law regardless of guidance.
The court awarded expenses to the family who brought the case.
A West Lothian Council spokesperson said: “West Lothian Council has received the court’s opinion and will now consider its options.
“In the meantime, the council remains committed to ensuring the highest standard of care for the children and young people attending its schools.”