A Scottish council acted unlawfully in providing unisex toilets at a primary school, a judge has ruled, finding that the arrangement indirectly discriminated against a five-year-old girl.
Lady Poole, sitting in the Court of Session, ruled that West Lothian Council breached the Equality Act 2010 and the School Premises (General Requirements and Standards) (Scotland) Regulations 1967. The case was brought by the parents of a girl, referred to as C, who started at the school in August last year.
The judge found that the girl found the mixed-sex toilets “distressing” and avoided using them, leading to pain and reduced fluid intake. Lady Poole stated that the provision placed girls at a “particular disadvantage” due to hygiene and privacy concerns.
The council argued it had followed Scottish Government guidance, but the judge said “guidance is not law”. A council spokesperson said it would consider its options while remaining committed to high standards of care.
