A Scottish judge ruled that West Lothian Council unlawfully provisioned toilets at a primary school, finding indirect discrimination against a girl due to unisex facilities and highlighting privacy, dignity, health and safety concerns in communal toilets.

The court clarified that government guidance on toilet provision is not law and that councils must meet statutory duties; guidance cannot override legal obligations.

The ruling notes additional disadvantages for girls, including privacy concerns and risks related to contamination of hands and performing intimate activities in shared spaces.

Petitioners were awarded legal expenses, and the council said it would consider its options while reaffirming a commitment to high standards of care for pupils.

The court found a harassment claim unfounded but awarded expenses to the petitioners, with the council indicating it would respond to the opinion.

West Lothian Council acknowledged the judgment, stated it would consider options, and reiterated it does not seek to abolish single-sex toilets while maintaining high standards of care.

The court ordered public authorities to comply with its orders and regularise the unlawful position, leaving the method of compliance to the council.

The petitioners’ expenses were awarded, and the council must address the non-compliant toilet arrangements moving forward.

The decision sits within a broader UK legal context about interpreting 'woman' and 'sex' in the Equality Act 2010, referencing a recent Supreme Court ruling on biological classifications.

This case follows the 2025 Supreme Court guidance clarifying terms like 'woman' and 'sex' in the Equality Act 2010, impacting school policy and practice.

The ruling reinforces that biological definitions, not guidance alone, shape equalities law in schools.

A court order requires Scottish state schools to have separate lavatories for boys and girls, aligning with a Supreme Court ruling that defines a woman by biological sex under equalities law.