This site has a lot of interesting information, and even the National Union of Teachers believe that: ^"“Having set times for access to the toilet can cause “I’ll go just in case” practices which means the bladder doesn’t get used to holding on until it’s full. Over time, the bladder capacity can reduce, increasing the need to visit the toilet more frequently.
“At the same time, the amount of fluid a child can drink before needing to go to the toilet is reduced. This results in a vicious circle. A child may consciously or unconsciously ration their fluid intake, or avoid drinking altogether, if they fear not being able to go to the toilet when they need to.”
In addition, there is some evidence that older pupils with continence problems are reluctant to notify their school of their need for more frequent toilet visits due to perceived stigma and fear of bullying.
A recent study concluded that young people with continence problems require unrestricted access to private and adequate toilet facilities during the school day.
The study outlines there is a need for inclusive toilet access policies and improved toilet standards in schools, and notes that children with continence issues are at greater risk of not achieving their full academic potential."^
and
^"Children’s rights are protected by the UN Convention on the Rights of Children.
Article 3 specifies that the best interests of the child shall be a primary consideration and that institutions responsible for children’s care shall conform with the standards established by competent authorities, particularly in the areas of safety and health.
In addition, Article 28, governing the provision of education, specifically states that “parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child’s human dignity and in conformity with the present Convention.”
Blanket Policies Could Leave Schools Open to Litigation
A blanket disciplinary policy of only allowing toilet access at set times or allowing teachers, carte blanche, to refuse toilet access cannot be said to be in the best interests of the child.
There is potential for long term damage to the bladder as well as risk of anxieties of trying to either conform to the policy, or having to inform the school of any continence problems.
It is also directly at odds with the government’s advice to schools on safeguarding issues, which states that safeguarding children’s welfare includes preventing impairment of children’s health or development.
Further, the risk of ‘accidents’ by children of any age, or ‘leaking’ by menstruating pupils seems inconsistent with maintaining the child’s dignity.
Of course schools are quite entitled to set rules and policies regarding access to toilets, and, as previously stated, they have a legal right to take steps to manage classroom disruption.
However blanket restrictions applied to the general school population are in danger of jeopardising the maintenance of children’ best interests, as required by the UN Convention on the Rights of Children, and may leave schools and local authorities vulnerable to the possibility of litigation."^
In other words, a parent at any time, can test the law based on the charter of the UN Rights of the Child.
rightsinfo.org/do-school-toilet-policies-breach-pupils-rights/