Sheriff dismisses council’s appeal against school closure refusals

A sheriff has dismissed the appeal of a council against the decision to refuse it consent to close four schools.

Highland Council wanted to close Edinbane, Dunvegan, Knockbreck and Struan primaries and build a new one at Dunvegan on Skye.

But Scottish ministers called the proposal in last year for the School Closure Review Panel to consider. It rejected the council’s proposals, prompting it to appeal to the sheriff court.

At Portree Sheriff Court, Sheriff James Tierney dismissed the appeal.

Terra Firma public law specialist Scott Blair acted for the panel against Janys Scott QC. The case was the first appeal of a decision made by the panel under the Schools (Consultation) (Scotland) Act 2010. Mr Blair succeeded in defending the findings of the panel that the consultation process carried out by the panel was flawed.

Explaining the significance of the case, Mr Blair told Scottish Legal News it has helped to clarify the role of the panel.

He said: “Sheriff Tierney had rejected arguments put forward by the council which would have given the panel a very restricted role in how it approached the issue of whether an education authority had met their consultation obligations when considering a possible school closure.

“Even although the sheriff recognised the primacy of the education authority in making decisions of this kind he has made it clear that the panel still has a significant role to play in ensuring that statutory consultation obligations are met.”