Consultation on proposals to discontinue education provision at St Margaret's RC Primary School

Summary of process

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Schools (Consultation) (Scotland) Act 2010

The council has a number of statutory duties relating to the provision of education in its area including the statutory consultation that must be undertaken when proposing a permanent change to any of their schools, including nursery schools, such as closure, relocation or change of catchment area. The Schools (Consultation) (Scotland) Act 2010 principle purpose is:

“to provide strong, accountable statutory consultation practices and procedures that local authorities must apply to their handling of all proposals for school closures and other major changes to schools.”

This  proposal has been prepared in accordance with the Schools (Consultation) (Scotland) Act 2010, having regard to the statutory guidance published by the Scottish Government on 14 May 2015, both of which are available for reference at the following websites:

• Schools (Consultation) (Scotland) Act 2010
• Statutory Guidance (14 May 2015)

The process for consultation, summarised in this section, details how the council is undertaking this consultation. 

Consideration by Council 

• The Education (Scotland) Act 1980 places a legislative duty on the council to ensure the adequate and efficient provision of school education in their area. This duty applies in respect of both the current school population and anticipated pattern of demand. In addition, councils have a statutory duty to secure best value in terms of the Local Government in Scotland Act 2003.
• This proposal has been issued to seek views on the proposals in this paper and report back to Midlothian Council on the outcome of the consultation in order that the council can make a decision on any proposed changes.

Proposal issued to consultees and published on Midlothian’s website

• An information leaflet setting out details about the proposal and consultation meetings will be issued to the consultees listed on the background page. Advice on where the complete proposal can be obtained is included in the background page.
• If requested, copies of the proposal will also be made available in alternative formats or translated for readers whose first language is not English.
• A “Frequently Asked Questions” (FAQs) document has also been prepared.

Publication of advertisement in local newspapers

•  An advertisement will be placed in the Midlothian Advertiser and a pre-announcement will be made on the council’s website and social media platforms. 

Length of consultation period

• The consultation period will commence on 28/9/21 and will last until close of business on 16/11/21 being a period of 6 weeks, which also includes the minimum 30 school days.

Format of public meetings

• A public meeting will be held on  Tuesday 12 October and a virtual meeting through Microsoft Teams on Wednesday 13 October, the details of which can be found on the main consultation page. These meetings may be subject to Covid-19 restrictions and any advice from the Scottish Government.

Involvement of Education Scotland

• When the proposal document is published, a copy will be sent to Education Scotland by Midlothian Council. Education Scotland will also receive a copy of any relevant written representations that are received by the council from any person during the consultation period, or if Education Scotland agree, a summary of them. Additionally, Education Scotland will receive a summary of any oral representations made to the council at the public meetings and drop in sessions that will be held and, as available, a copy of any other relevant documentation.
• Education Scotland requires three weeks within which to prepare a report on the educational aspects of the proposal after the council has sent it all the representations and documents as mentioned above. The three-week period will not start until after the consultation period has ended. In preparing its report, Education Scotland may visit the affected schools and make such reasonable enquiries of such people there as it considers appropriate.

Preparation of the consultation report

• The council will review the proposal having regard to the Education Scotland report, written representations that it has received and oral representations made to it by any person at the public meeting and drop in session. It will then prepare a final consultation report. The report will be published in electronic and printed formats and will be advertised in the local newspaper. It will be available on the council website, from the affected schools and by request from council headquarters, Fairfield House, Dalkeith. Anyone who has made written representations during the consultation period will also be informed about the report. The consultation report will include a record of the total number of written representations made at the public meetings and drop in sessions, the council’s response to the Education Scotland report as well as any written or oral representations it has received, together with the Education Scotland report and other relevant information. It will also set out the actions the council has taken to address any alleged inaccuracies and omissions notified to it. The consultation report will also contain a statement explaining how it complied with the requirement to review the proposal in light of the Education Scotland Report and representations (both written and oral) that it received. The consultation report will be published and be available for further consideration for a period of 3 weeks.

Decision

• The consultation report together with any other documentation will be considered after the end of the 3-week period by the full Council who will come to a final decision on this matter.

Scottish Ministers call-in

• At the end of the consultation process, Section 15 of the Schools (Consultation) (Scotland) Act 2010 enables ministers to call-in a decision to implement the proposed closure of St Margaret’s RC Primary School.
• Beginning on the day the final decision is taken, the council has a period of six working days to notify Scottish Ministers of the decision. Scottish Ministers then have a period of up to eight weeks from and including the date of the council’s decision to decide if they will call-in the proposal. The council must publish the fact that the Scottish Ministers have been notified and that representations can be made to the Scottish Ministers within the first three weeks of the eight week period. The Scottish Ministers will take into account any relevant representations made to them by any person within the first three weeks. The council may not proceed with the implementation of the proposal during the call-in period.
• If the Scottish Ministers decide to call-in a closure proposal, it is then referred to the Convener of the School Closure Review Panels who has a period of seven days after a call-in notice is issued, to constitute a School Closure Review Panel. The panel may decide to refuse consent to the proposal, refuse consent and remit it to the education authority for a fresh decision or grant consent to the proposal, either subject to conditions, or unconditionally. The Panel must notify the education authority of its decision within eight weeks from when the Panel was constituted or within sixteen weeks if the Panel has issued a notice to the education authority that a decision has been delayed. The Council may not proceed with the implementation of the proposal until the outcome of the call-in has been notified to the council.

More about Scottish Ministers call-in timelines

Note on corrections

• If any inaccuracy or omission is discovered in this proposal either by the council or any person, the council will determine if relevant information has been omitted or there has been an inaccuracy. It may then take appropriate action which may include the issue of a correction or the reissuing of a proposal paper or the revision of the timescale for the consultation period if appropriate. In that event, relevant consultees and Education Scotland will be advised. The person, or persons who have raised concerns will receive an individual response to their submission.