Saturday June 6th 2026
West Lothian Council headquarters
Written by Local Democracy Reporter, Stuart Sommerville
By Stuart Sommerville, LDR
The Conservative group leader on West Lothian Council has welcomed a judge’s decision over single sex toilets in a newly-built village school.
Sitting in the Court of Session, Lady Poole ruled that the council acted unlawfully by failing to provide single-sex facilities at East Calder primary, which is in Councillor Damian Doran-Timson’s ward.
The ruling yesterday [Thursday] followed a judicial review raised by the parents of a female pupil.
Councillor Doran-Timson said it was “unacceptable that West Lothian Council have not implemented single-sex toilets.”
Following the ruling a spokesperson for the council said it would be “considering its options”.
The award-winning building, billed as “state of the art” for its design, was opened in East Calder in August 2024.
A judgement issued on Thursday told how the girl’s family reported that the child felt distressed about having to use mixed-sex toilet areas in the school.
She said boys were “too noisy”, and that she had reduced her fluid intake to avoid using the facilities during the school day.
The judge held that “sanitary accommodation” meant more than the toilet cubicle itself but also included the wider toilet area, including nearby wash basins.
She found that because the main toilet areas required boys and girls to share washing and waiting space, the council had not provided lawful sanitary accommodation for boys and girls.
Lady Poole accepted girls may face particular issues of privacy, dignity and hygiene when using mixed-sex toilet spaces, especially where they must leave a cubicle and wash their hands in an area also used by boys.
Councillor Doran-Timson told the Local Democracy Reporting Service: “I am delighted with the decision by the Court of Session.
“It is ridiculous that the Scottish Government have still not implemented the EHRC guidance and it has been unacceptable that West Lothian Council have not implemented single-sex toilets but awaited guidance from the Scottish Government.
“Some months ago the Conservative Group on West Lothian Council moved a motion to this effect which was resisted by others and I am delighted that yet again we have been proven to be correct and the only party that stands up for women.”
The council argued the provision at the school did not breach the law because boys and girls had separate floor-to-ceiling, lockable cubicles.
Boys and girls have access to the main toilet areas at the school, although boys are not allowed to enter cubicles in the main toilet areas with a female sign on them, and vice versa.
Complaints from other parents prompted the girl’s parents to go seek a review at the Court of Session Scotland’s highest civil court.
Lawyers for the council said wash basins did not have to be inside separate boys’ and girls’ toilet rooms and pupils who did not wish to use the main toilet areas could use other available toilets in the school.
Lady Poole rejected the council’s arguments, referring to the School Premises (General Requirements and Standards) (Scotland) Regulations 1967.
Lady Poole said the toilet provision also breached a requirement of the 1967 regulations that two-thirds of the appliances in the boys’ sanitary accommodation should be urinals.
The court found that the arrangements amounted to indirect sex discrimination under the Equality Act 2010.
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.”
A spokesperson for the Scottish government told the LDRS: “The Scottish Government notes the Court of Session judgment involving West Lothian Council and East Calder Primary School. We were not a party in this case but will carefully consider the judgment and any implications.
“Education authorities have statutory responsibility for their school estate, including toilet provision. Our consultation on updating the School Premises Regulations closed on 31 March. The analysis report will be published later this year, and Ministers will consider the findings in due course.”
Tweet Share on Facebook
