Abernyte school closure review under way at Court of Session.

ABERNYTE: Rural primary call-in by Holyrood subject to judicial hearing

Perth and Kinross Council has begun its legal battle to overturn a decision by the Scottish Government to review the closure of a Carse primary school.

The local authority’s lifelong learning committee decided to shut Abernyte Primary when it met in May, despite a lengthy campaign led by the school’s parent council.

However, the Scottish Government decided to call in the decision, citing concerns over how the process was handled.

The authority was told further investigation of the decision was required, in particular around the school’s capital costs, efforts to address the reasons for closure and the impact on the local community.

In response, the council asked for a judicial review which got under way at the Court of Session in Edinburgh yesterday.

The local authority is asking the court to suspend the review process and find that the Scottish Government erred in law by calling the decision in.

James Mure QC, acting for the council, argued that there were no failings in the original decision-making process.

He said the local authority had looked at ways of addressing the low pupil roll – currently just eight – and keeping the school open, including considering redrawing catchment boundaries.

He said: “The reasons for the proposal are set out as insufficient pupil numbers. There were four options considered, one of which was to review the catchment and specific assessments were made.

“The council came to the decision that the only option open to them was closure.”

Morag Ross QC, representing the Scottish ministers, said the School Closure Review Panel was an independent body and a referral to it was designed to ensure proper scrutiny of such decisions.

She said a referral did not impact on the reputation of the council itself.

The council came to the decision that the only option open to them was closure. JAMES MURE QC

MacDougall. Picture: Steve Abernyte Primary.