Time to consider the rural schools Act
The Scottish Government passed legislation in 2010 to ensure that where a local authority was proposing to close a school in a rural area, that it was purely for educational benefit and the rural nature of such a school was very much taken into account.
It was passed unanimously by the Scottish Parliament and everybody went into it with the best of intentions. However, it’s become clear that there have been different interpretations of the Act.
There has been criticism from all three partners involved in the Act – the Scottish Government, local authorities and parents. The number of call-ins and concerns over the protection of rural communities were just a few of the issues.
It is in everyone’s interests to pause and take time to consider these concerns and the Act itself. I have asked all of Scotland’s local authorities to adopt a moratorium on rural school closures for the next twelve months and to help me set up a Commission on the Delivery of Rural Education where we can look at all the issues surrounding rural education.
The delivery of education in rural communities is about much more than just a school building.
A school can be as fundamental to the social and economic make-up of a community. That is why it is the right of individual communities to have a genuine consultation based on accurate information and why there is, and will remain, a clear legislative presumption against closure.
This isn’t about money, this is about educational benefit and giving rural communities the chance to thrive. I want to work in partnership with CoSLA, local authorities and other groups on this issue and will announce the membership of the Commission and its full remit shortly.
Michael Russell
Cabinet Secretary for Education & Lifelong Learning
A guide to the Schools (Consultation) (Scotland) Act 2010 can be downloaded here
Read my statement to Parliament on proposals to establish a Commission on the Delivery of Rural Education and my request to local authorities for a moratorium on rural school closures.
3 comments
We had a query raised by the editor of the Scotland: National Rural Network website I thought others may be interested in:
Nursery Closure – does the Schools (Consultation) (Scotland) Act 2010 apply?
https://www.ruralgateway.org.uk/en/node/5557
If an education authority intends to close a school or discontinue all nursery classes in a school – or a stage of education – it must undertake a consultation with all affected stakeholders as set out under the Schools (Consultation) (Scotland) Act 2010.
The 2010 Act sets out special consideration that must be given before the education authority can consult on the closure of a rural school (Sections 12-14). However, last June Mike Russell, the Cabinet Secretary for Education and Life Long Learning, established a Commission on the Delivery of Rural Education to consider and make recommendations on the 2010 Act. At that time the Scottish Government agreed with COSLA that there would be a moratorium on rural school closures while the Commission undertook its work. The moratorium is due to end in June 2012, and it is expected that the Commission will report its findings in August 2012. Since the establishment of the Commission no contested closure of a rural school has taken place.
Details on the Schools (Consultation) (Scotland) Act 2010 can be found at the following link – http://www.legislation.gov.uk/asp/2010/2/contents and guidance on – http://www.scotland.gov.uk/Resource/Doc/91982/0097130.doc
Thank you Andy for posting the query. It was myself who raised the question initially, however the goalposts moved today when I received the anticipated letter from the school stating that my son would not have a place in the nursery next session as ‘the pre-school class will not be operating in August 2012′ The nursery is attached to the Primary School to which my other son attends and therefore not only am I losing my local catchment facility but a logistical nightmare has been created regarding drop-off and collection.
No further explanation was provided, however upon speaking to the headmistress she informed me that the nursery was to be ‘mothballed’ as there were ‘only’ four pupils registered for places next session (maximum capacity is set at 7!) Having read the information provided by yourselves I believe that the following clause applies to this case (sub-paragraph 5):
(4) For the purpose of this paragraph a proposal to make arrangements of the sort mentioned
in sub-paragraph (5) (however described) is to be regarded as a proposal to discontinue
(as the case may be)—
(a) the school,
(b) all the nursery classes in the school,
(c) a stage of education in the school (apart from a nursery class), or
(d) the provision of Gaelic or English medium education in all the nursery classes or a
stage of education (apart from a nursery class) in the school.
(5) The arrangements are such arrangements in respect of the school or a stage of education
in the school as would (if they were implemented) result, or be likely to result, in the
permanent discontinuation of (as the case may be)—
(a) the school,
(b) all the nursery classes in the school,
(c) a stage of education in the school (apart from a nursery class), or
(d) the provision of Gaelic or English medium education in all the nursery classes or a
stage of education (apart from a nursery class) in the school.
If this is true, then who do I take this to?How do I get the Proposal implemented? there has been no proposition, or consultation, in fact the first official notification I have received about this is just a letter dated today – 7 weeks before the end of term – on the same day that all other children in the area have been given their allocation letters to confirm their sessions with a footnote stating that I may ‘find it helpful to consider the use of a Local Authority Pre-School Class, private and voluntary pre-school provider with whom my local Council has a Partnership!