New hope for at-risk school
Ruling could save PS from closure
Abernyte Primary School has been handed a lifeline after Perth and Kinross Council’s case, opposing the government’s decision to review its plan to close the facility, was rejected.
In May 2019, PKC’s lifelong learning committee voted to close the school but Scottish ministers called in the decision in July 2019, referring the case on to the School Closure Review Panel to determine whether appropriate action has been taken by the council.
The school was scheduled to close in July of this year.
But in an unprecedented move, PKC petitioned the Court of Session to suspend the call-in process before the independent review got fully underway.
A motion was granted to pause the independent panel’s decision-making process until either the interim suspension was recalled or the outcome of the judicial review was known.
But now, Lady Wise at the Court of Session has rejected the judicial review case brought forward by PKC opposing the decision by the Scottish Government, to call in and refer the closure plan to the School Closure Review Panel.
The Abernyte Primary School community will now have the opportunity to have their case considered by the review panel in an attempt to keep it open.
Perth and North Perthshire MP Pete Wishart stated: “This has been an unnecessary court case, brought by Perth and Kinross Council and paid for by local taxpayers, that has been rejected by the Court of Session.
“The case has served only to waste public money in an attempt to remove the legal right of the school community at Abernyte to independent consideration of their case to keep their school open.
“There is no length that the council has not been prepared to go to in its attempt to close Abernyte Primary School.
“Perth and Kinross Council must now disclose how much this cost the public here and it must immediately confirm that Abernyte School will not close as it was scheduled to.”
Perthshire North MSP John Swinney added: “I am delighted that the Abernyte School community will have the opportunity to have their case considered by the Independent School Closure Review Panel.
“This opportunity is provided in law where there are reasonable grounds for considering decisions of a local authority to close a school.
“I am glad the decision of the Scottish Government to exercise that legal right for the people of Abernyte has been vindicated at the Court of Session.”
A PKC spokesperson said: “We have been made aware of the decision of the court, which we acknowledge, and will now proceed with the next steps in the process and provide the School Closure Review Panel with the information requested.”