Cllr Caroline Shiers

Ms Simpson said they felt there had been a “substantial shift” here.

She insisted PKC had “applied the same robust process in getting to a decision which resulted in the decision that this committee took” and there was nothing “materially different.”

PKC’s legal chief added: “Therefore the interference by the Scottish ministers in the call-in in this regard, was quite unusual and was out of kilter.

“Therefore it was vitally important that we tested this to see whether or not this was an appropriate interference based on our understanding of the facts and circumstances and the robust process and statutory process that had been applied.”

She said it “boiled down” to Lady Wise taking a “very broad interpretation of the threshold required for intereference.”

Ms Simpson said: “That threshold is much lower than what we - or indeed other councils - had anticipated or experienced to date.”

She said the learning officers had taken from the case was that “ministers can call in any case that they like because the threshold is so low.”

And she felt another judge may have taken a “more stringent interpretation of the legislation.”

Independent Highland Perthshire councillor Xander McDade said nonroutine court action was not instigated without discussion with the relevant convener and council leader. He asked what convener Conservative councillor Caroline Shiers’ view was when consulted on that.

Cllr Shiers said she and Conservative leader Cllr Murray Lyle “were comfortable with taking that action.”

She added: “We felt that based on the evidence presented to us by officers based on previous case studies on other local authorities, based on the legislation as it stood and as it was explained to us by the officers of the council who provide legal advice to us, that it was worth taking the action that they were proposing to take.”

During the discussion the committee agreed to consider a catchment review and the possibility of a nursery at the school.

Cllr Shiers said: “With COVID restrictions in place, officers will have to be creative in how they engage with the community but I am confident that will be possible and I look forward to participating in the process over the coming months.”

PKC’s scrutiny committee will now examine the paper.

Cllr Xander McDade said the judicial review had been “an extraordinary waste of money.”

We felt that based on the evidence...it was worth taking the action that they were proposing to take