Abernyte PS court date is set for 2020
Court proceedings to challenge a Scottish Government review into a decision to close a Perthshire primary school will be held in February.
Back in May this year, Perth and Kinross Council’s lifelong learning committee agreed to shut down Abernyte Primary School.
However, that decision was then called in by Scottish Government ministers in July, who want to review the council’s decision.
A petition was then sent to the Court of Session by Perth and Kinross Council in a bid to suspend the callin process.
It has now been confirmed this judicial review will be held on Monday, February 3 next year.
A procedural hearing is scheduled to take place on Wednesday, December 11.
Cllr Alasdair Bailey, who represents the Carse of Gowrie - including Abernyte - at Perth and Kinross Council, said: “I note that Perth and Kinross Council’s proceedings challenging the
Scottish Government’s callin of the Abernyte closure decision will be heard at the Court of Session in Edinburgh in February.
“It’s very unfortunate that we have come to a situation where two public bodies are turning to the courts to settle their differences but the issue at stake here is a significant one.
“Although I remain opposed to the closure of Abernyte Primary School, I would be concerned if these call-ins become too frequent because it undermines the role of local councils and elected councillors in providing schooling in their areas in accordance with the wishes of residents.
“Whatever happens in court, I hope that the school is able to stay open, or at the very least, we are able to give certainty to the residents of Abernyte and most importantly to the kids and parents of the school at the centre of all this about what will happen there beyond July next year.”
The decision-making process will only be resumed if the interim suspension is recalled or once the outcome of the judicial review is known.
Back in August, Perth and Kinross Council said its decision to petition the Court of Session related to the “respective responsibilities of both Scottish ministers and Perth and Kinross Council in reaching decisions about the closure of schools”.
This week, a council spokesperson sent a statement to the PA which s a i d : “A s p o k e s p e r s o n confirmed that in the matter of ‘petition for judicial review by Perth and Kinross Council against Scottish ministers’, a hearing has been scheduled to take place on February 3.
“No further comment will be made by the council in advance of the hearing date.”
A spokesperson for the Scottish Courts and Tribunal Service said: “I can confirm the procedural hearing is on December 11 2019 and the substantive hearing is on February 3 2020.”
And a spokesperson for the Scottish Government said: “It would be inappropriate for Scottish ministers to comment on live litigation.”