More than 100 schools still have mixed-sex toilets nearly a year after the Scottish Government told schools to separate them.
Freedom of Information requests completed by campaign group For Women Scotland have revealed that at least 12 councils have schools where boys and girls are expected to share bathrooms
The designs range from open-plan toilet blocks accessed through a common entrance to gender-neutral facilities installed alongside single-sex toilets.
Trina Budge from FWS has warned the councils are running the risk of “yet more costly court cases”.
The warning follows Lady Poole’s decision that West Lothian Council had acted unlawfully by failing to provide single-sex toilets at a new-build primary school.
The case was brought against the council by the parents of a five-year-old girl, who would hold on throughout the day rather than use facilities that she would have to share with boys.
She reduced her fluid intake significantly and regularly came home sore.
She ruled that “sanitary accommodation” under the School Premises (General Requirements and Standards) (Scotland) Regulations 1967 was wider-ranging than the cubicle itself and included the wider toilet area.
Over 100 Scottish schools still maintain mixed-sex facilities, despite the Scottish Government declaring almost a year ago that they need to be segregated
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Lady Ross handled an earlier Court of Session case that made it a legal obligation for Scottish state schools to have separate toilets for boys and girls.
FWS received responses which highlighted that 126 schools across 14 Scottish local authorities still provide some form of mixed-sex sanitary accommodation.
Aberdeenshire Council said 16 of its schools, five secondary and 11 primary, will have shared provisions from the start of the new school year.
Aberdeen listed seven primary schools.
Angus Council identified seven primaries and four secondaries with facilities “allocated for male or female… accessed via a shared access point”.
Scottish schools are supposed to offer single-sex spaces alongside shared facilities
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The council also added it was “aware of the decision of Lady Poole in the case of DE and FG against West Lothian Council and are currently considering the implications for the school estate”.
Dundee City Council listed five primaries and four secondaries or specialist settings, while East Renfrewshire Council said nine primary schools offered “gender neutral provision”.
However, the council added: “All these schools also offer gender-specific toilet facilities.”
Clackmannanshire Council has eight schools with mixed-gender facilities, five primary, one secondary and two specialist settings.
Midlothian Council reported eight schools provided “gender-neutral toilets”.
North Ayrshire Council reported eight schools.
Shetland Islands Council provided seven primary schools with mixed spaces, and Inverclyde Council said that two primary schools with “fully enclosed WC spaces (not cubicles) where the wash facilities are within a shared space”, adding it had “reviewed the provision following the judgement noted above and is taking forward alterations to the provision to incorporate the wash facilities within each enclosed individual WC space”
A number of councils confirmed they had no mixed spaces, including East Dunbartonshire, Edinburgh and South Ayrshire Council.
Highland Council said that it did not record how many toilets were allocated as it was a matter for individual head teachers.
Ms Budge told The Herald: “For nearly 60 years now the law has been quite clear that separate toilets for boys and girls are required, so it’s not surprising that the courts are repeatedly upholding this for obvious reasons of privacy, dignity and safety.
“The ‘inclusive’ policies promoted by lobby groups that led to councils installing mixed-sex toilets and changing rooms over recent years have resulted in discrimination and harm to girls, and steps should have been taken at least a year ago to resolve the situation nationwide. It’s astonishing they have not, and many parents will find this apathy hard to understand.
“Perhaps councils would be best advised to restore the correct facilities over the summer holidays before risking yet more costly court cases.”
A Cosla spokesman said: “Councils across Scotland take seriously their public sector equality duties and the due regard to eliminating all forms of discrimination, harassment and victimisation and promoting equality of opportunity they must have in delivering their service.
“The 40-day scrutiny period for the EHRC’s draft Code of Practice for Services, Public Functions and Associations ended on July 9, 2026, and we understand that Ministers will now take forward the process of bringing the Code into force as statutory guidance.
“Following confirmation of this and subsequent publication, COSLA will work with our member councils and the Scottish Government to assess its implications and support any changes needed to enable effective local implementation.”