School STILL can’t get rid of failing teachers after 11-month battle

A COUNCIL has spent 11 months trying to move three teachers from a failing school after their union began a legal battle to block the transfer.

The three launched a landmark case to prevent their forced switch to other schools in August last year.

It followed a highly critical inspection report of St Augustine’s Primary School in Coatbridge, Lanarkshire, in May last year – said to be one of the worst on record.

The teachers protested, triggering legal action, with the council’s lawyers funded by taxpayers.

The lengthy process – which is still going on – illustrates the problems council chiefs face as they try to raise educational standards.

The case could make it harder in future for local authorities to redeploy underperforming teachers.

Last night, Scottish Tory education spokesman Liz Smith said: ‘This will undoubtedly have been a very frustrating process for all concerned. Parents, quite rightly, want the very best teachers in our classrooms so it is important that, when it is deemed appropriate to move staff, the necessary procedures can be completed as quickly as possible.’

The inspection report into St Augustine’s was one of the worst on record. It stated: ‘Across the school, progress in literacy and numeracy is weak.

‘Children make a very positive start in their learning at P1 and as a result read well and write about their experiences. They use numeracy skills confidently and solve problems together. This is not built upon consistently well as children move through the school. By P7, children do not display the knowledge, skills and understanding expected.’

After publication of the report, North Lanarkshire Council decided to invoke the ‘mobility clause’ in teachers’ contracts to move the three to other schools.

However, the NASUWT representing them challenged the decision on grounds that there had been no formal disciplinary proceedings before they were asked to move. The union won an interim order last year halting the transfers while the row was resolved.

Union general secretary Chris Keates had declared that the outcome of the case would have significant implications for all teachers.

She said: ‘Imagine the stress, distress and deep sense of injustice you would feel if you were forced by your employer to leave your place of work for no valid reason. If the mobility clause is allowed to be invoked on such spurious grounds, every teacher across Scotland is at risk.’

Last night the council said: ‘An interim interdict was granted and we are fully complying.

‘We remain hopeful this can be resolved at a local level.’

In 2010, eight teachers at St Paul’s Primary in Paisley were removed after a damning report.

The head was demoted and the staff moved to other schools.

Last night no one was available for comment at the NASUWT.