Council may drop legal action against school closures 28/10/11
Western Isles Council may drop its legal action over school closures against the Scottish Government.
The council previously warned it would take the government to court after education minister Mr Russell stopped it from shutting Carloway Primary, and Shawbost and Lionel secondaries on Lewis as well as Seilebost Primary on Harris.
A few months ago, the 14th of December was pencilled in for the first calling for a judicial review at the Court of Session. But now it seems reasonably likely that both sides may come to an agreement over the issue.
Island councillors are likely to be given an update of the situation in early December and asked if they want to drop or progress the legal move to force the closures of these schools.
Presently, the council appears not to be seriously looking at fighting the government in the courts but the legal option remains open in the absence of a resolution.
Council leader Angus Campbell said: “We are still talking to the Scottish Government and the council would like to resolve the issue without going to court.
“We hope to come to an agreement with the Scottish Government.”
The council was furious when Mr Russell intervened to save these four schools under
the newly introduced legal measures which aims to ensure rural school closures are
a last resort and not just a money-
He pointed out the legislation requires councils to properly assess the negative impact on a rural community and longer travel times if the village school closes. A local authority must properly consider how the school, particularly those at the heart of an ailing community, could be retained by looking at alternatives.
Mr Russel maintained the council failed to properly evaluate the negative impacts under the new education laws.
In what was seen as a consequence of the Comhairle’s disputed interpretation of the
new rules, the Scottish Government established a special panel to examine the community-
At the time, Mr Russell said councils should not put money savings before other considerations they are legally obliged to take into account.
He believed the delivery of education in rural communities is about much more than
a school building and is fundamental to the social and economic make-
He wants communities to have the right to genuine consultation based on accurate information and reinforced a clear legal presumption against closure.
The Comhairle mooted court action against the Scottish Government when the education minister maintained the authority did not fully considered more radical alternatives for Lionel and Shawbost.
Nor did it properly look at the effect the longer travelling times -
The council also took limited regard in assessing Lionel and Shawbost schools becoming satellite campuses of the main Lewis 6th year secondary schools, the Nicolson Institute in Stornoway, says the government.
The council said it was puzzled by the reprieve of Carloway School which down to the effect its loss would have on the community which uses the building for its annual Agricultural Society. Council education officials say there was only one booking last year which was not related to school use.
However, the council did not mention that closure would make the village Gaelic playgroup homeless and also deny bookings for the attached village hall.
According to the Scottish Government, the council should have considered a five-
It should also have given closer examination to a bid to increase pupil numbers, attract more families and regenerate the district by the newly founded community trust which has taken over the land.