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Council Acted Unlawfully in School Toilet Provision, Judge Rules
Lady Poole found the school’s all-unisex toilet setup unlawfully discriminated against girls and failed Scotland’s school premises rules.
On Thursday, Judge Lady Poole ruled that West Lothian Council acted unlawfully by failing to provide single-sex toilet facilities, finding the provision indirectly discriminatory under the Equality Act 2010.
Parents brought a judicial review last year after their child found the situation "distressing," reduced fluid intake "considerably," and regularly came home "in pain" from avoiding the mixed-sex facilities.
Lady Poole rejected the council's defense based on Scottish Government guidance, writing "the council is obliged to obey the law, not guidance." The arrangement also breached 1967 Regulations on separate wash basins and urinal requirements.
The court ordered West Lothian Council to pay the parents' legal expenses, mirroring a precedent set by Scottish Borders Council in a similar case, while the council stated it is considering its options.
Responding on Twitter, author JK Rowling warned other councils: "Polite notice to schools still breaking the law by failing to provide single sex bathrooms: you will be sued and you will lose.