Parents ‘misled’ on opt-out from P1 tests

● Legal group said it did not provide view mentioned in letter about tests

The Scottish Government is facing calls to withdraw guidance to councils stating that parents could not opt their children out of controversial P1 tests after it emerged the legal advice behind the warning did not exist.

Opposition parties accused the government of misleading parents and called on John Swinney to clarify their rights.

Graeme Logan, a deputy director at the Scottish Government, sent a letter to councils stating that parents did not have the option to opt out of the Scottish National Standardised Assessments.

He said only in “exceptional circumstances” could a child be withdrawn from the literacy and numeracy tests.

The Scottish Government said it had taken advice from the Society of Local Authority Lawyers in Scotland (Solar), but the organisation said yesterday that it did not provide a view on the assessments.

The Scottish Conservatives urged Mr Swinney to make a parliamentary statement on the issue, arguing that the legal position is mired in confusion. Meanwhile, Labour demanded an apology from the Education Secretary.

The latest row over the controversial tests follows Mr Swinney’s announcement that assessments for primary one pupils would be changed in response to criticism from teachers.

In an open letter to parents of P1 children, Mr Swinney said he had listened to feedback and had agreed “enhancements” to the assessments in order to “provide extra reassurance”.

Teachers have said the test is too difficult, with young children lacking the computing skills to undertake the online assessments and sometimes being left distressed by the experience.

The Educational Institute of Scotland trade union said the changes would “do little to allay the very serious concerns held by many teachers”.

Conservative education spokeswoman Liz Smith said: “It is not at all clear as to whether parents have a right to withdraw their children from the primary one tests.

“The Scottish Government’s own education department issued a letter stating that parents did not have a right to withdraw their children unless there were ‘exceptional circumstances’ and this statement was based on legal advice provided.

“It turns out that no such legal advice exists, so it is only right that the Cabinet Secretary makes a statement to the Scottish Parliament as soon as possible to explain and clarify exactly where parents stand.”

Labour education spokesman Iain Gray said the testing police had been “a shambles from the beginning”.

He said: “Parents and teachers who were appalled when Mr Logan told them parents could not opt out of these tests will be further shocked to discover that the letter was based on an assertion which was simply not true.

“It is utterly unacceptable for the Scottish Government’s key education body to seek to mislead parents in this way.

“John Swinney needs to apologise for this sorry episode, get a grip of Education Scotland, and, above all, suspend these tests in P1 at least.”