School Reorganisation Proposals
The need for school closures (sometimes referred to as rationalisation) can be prompted by changing population patterns and the need to provide suitable school buildings for pupils and teachers.
The Scottish Government provides guidance to local authorities on the procedures which must be followed in these circumstances, and in certain similar school reorganisation proposals such as a change of school site or in a catchment area.
If an authority proposes to change the existing education provision, including amalgamating/closing schools or altering the catchment areas of schools, they must engage in a formal consultation process at that stage.
This consultation must include parents and the school boards of the schools concerned. It must last for a minimum period of 28 days, before the authority reaches a decision.
These are statutory procedures set out in the Education (Publication and Consultation Etc.) (Scotland) Regulations 1981.
In many cases, the final decision on whether to close or amalgamate a school rests with the education authority, although there are certain circumstances in which an authority cannot implement such a decision without first obtaining the consent of the Scottish Ministers.
Ministerial consent is required when one or more of the following apply:
- the school roll exceeds 80 per cent of the school's capacity
- pupils would have to attend a different primary school five or more miles away (8.04672 kilometres) from their present school or a secondary school 10 or more miles away (16.09344 kilometres)
- in certain circumstances, a change would occur to the provision of denominational education in an area
See the guidance to authorities for more detail.
Access this link for decisions on School Reorganisation Proposals for which Ministerial consent was required.
Schools (Consultation) (Scotland) Bill
The Scottish Government held a consultation on "Safeguarding our Rural Schools and Improving School Consultation Procedures" which set out proposals for legislative change to the way in which all school closures, not just rural ones and consultation procedures that Local Authorities apply to other major changes to schools, might be handled in future. The consultation ran from May 1 to September 19, 2008. The consultation document can be accessed via this link: http://www.scotland.gov.uk/Publications/2008/04/29100519/0
The research report on the responses received was published on 3 March 2009 and can be accessed via this link: http://www.scotland.gov.uk/Publications/2009/02/25114932/0
Subsequently the Schools (Consultation) (Scotland) Bill was introduced in the Scottish Parliament on March 2, 2009. The Bill is currently being considered by the Education, Lifelong Learning and Culture Committee as part of its stage 1 scrutiny. A copy of the bill and accompanying documents can be accessed via this link: http://www.scottish.parliament.uk/s3/bills/23-Schools/index.htm. Assuming its safe passage through Parliament the Bill will commence in early 2010.
The Bill's overarching aim is to establish a consultation process for all school closures, and other major changes that affect schools, that is coherent, open and transparent, and above all which commands the trust and confidence of the public. Further, the Bill aims to safeguard rural schools by ensuring that a decision to consult on a closure proposal would not be made until the Local Authority had explored all possible alternatives and fully assessed the likely implications of closure. The Bill proposes replacing the referral system with a Ministerial power to call in closure decisions where there have apparently been failures in the consultation or decision making processes. The Ministerial call-in process is designed to provide a reassurance to those affected by any such proposal that a safeguard exists in the rare circumstances where it appears that the new, more robust statutory duties in the Bill have not been fulfilled.