Scots primary school challenged over failure to provide single-sex toilets

A pupil has been left in pain and distress after refusing to use her school’s gender-neutral toilet facilities, Scotland’s Court of Session has heard.

The child’s parents launched legal action against West Lothian Council over East Calder Primary School’s policy not to provide separate toilet facilities for boys and girls.

Officially opened in 2024, the £18.3 million facility includes mixed-sex toilet blocks with lockable cubicles and communal sinks.

Girls ‘disadvantaged’

The family’s advocate, David Welsh, told judge Lady Poole that the girl “has been refusing to use the toilets in school”. He added: “Instead, she has been forcing herself to wait to use the toilet when she returns home.”

East Calder’s gender-neutral facilities were, he reported, an “intimidating, humiliating and hostile environment”. He also said that it was “reasonable for this girl to want to be able to go to the toilet without boys being there”.

Welsh added: “The school is trying to treat everybody the same, but has put one particular group, girls, at a disadvantage.”

Janys Scott KC, representing the council, claimed the facilities were legal as some cubicles carried ‘gendered stickers’. Consequently, she argued, setting up separate gendered lavatories was unnecessary. Children, she stated, had also been told they “could use the staff toilets if they didn’t want to use the toilet block”.

Court ruling

Last year, at the Court of Session, Lady Ross KC issued an order reminding schools of their legal duties under the School Premises (General Requirements and Standards) (Scotland) Regulations 1967 to ensure that there are an equal number of facilities for both girls and boys.

The order followed the successful outcome of a judicial review by Leigh Hurley and Sean Stratford, who challenged the Scottish Borders Council’s decision to only install ‘gender-neutral’ facilities at their son’s primary school.

Gilson Grey, who represented the parents, said: “The court order makes clear that the 1967 regulations apply to all state schools in Scotland.

“There is no provision for gender-neutral toilets in the regulations. Any school not complying will be in breach of the regulations and could face a legal challenge from parents.”