Critics accuse council over move on school closures
Group asks for clarification on rules designed to protect families
A SCOTTISH council has been accused of a cynical attempt to avoid legislation put in place to protect parents from repeated school closure threats.
It comes after Shetland Council last week decided not to go ahead with plans to shut two schools on the islands of Yell and Whalsay. It also decided against publishing a consultation report.
Local authorities which decide not to push ahead with closures cannot revisit the decision for five years.
However, the specific wording of the 2010 Schools Consultation Act says the moratorium applies “following the publication of a consultation report not to proceed with the closure”.
Although Shetland’s decision as part of a wider rationalisation programme was given a cautious welcome, there was anger from the Scottish Rural Schools Network (SRSN) that the council could look again at the proposals in 2017.
The body has now written to Angela Constance, the Education Secretary, asking her to clarify the legal position and raising concerns that other councils could follow Shetland’s lead.
Sandy Longmuir, chair of the SRSN, said: “I am appalled by the shameful conduct of Shetland Islands Council with regards to the amendments to school legislation.
“This is a cynical attempt to get round the moratorium, but the law is absolutely clear and once you have gone down that road, there is no opting out.
“The council must produce its consultation report and, now they have decided not to proceed, they must have a moratorium.”
Mr Longmuir said that, in passing the legislation, the Scottish Parliament had seen the need to stop the practice of “interminable threats” to schools to give communities security.
He added: “We would very much like the Scottish Government to clarify the position on this before this process spreads to other areas.”
The issue has been taken up by Liz Smith, education spokeswoman for the Scottish Conservatives, who has also written to Ms Constance.
“This is a very worrying development given the very extensive efforts which were made by all parties at the time of the Act to ensure that there is full transparency when it comes to any decision about proposed school closures,” she said.
“It is my understanding that Shetland Islands Council’s decision not to proceed with closures of the junior secondaries should automatically mean that a moratorium period of five years should be put in place for each of the schools. It seems, however, that the council do not hold that view.”
Local parents also went onto the attack with John Irvine, chairman of the Mid Yell parent council, saying: “The parents and the community have already gone through the stress of the consultation. If this new act has any back- bone at all it should be protecting us from another go at this.”
However, Audrey Edwards, the council’s education official, recently defended the council’s actions.
She said: “As with any report we put to committee we sought legal advice from legal services and they were absolutely clear that we could put forward the report.”
A Scottish Government spokeswoman said: “Under the new regulations, communities have a right to challenge any inaccuracies in council proposals and if a school closure is rejected, it will be protected from closure for five years. We fully expect local authorities to comply with the legislation.”