Perth and Kinross Council has begun its legal battle to overturn a decision by the Scottish Government to review the closure of a Carse primary school.
The local authority’s lifelong learning committee decided to shut Abernyte Primary when it met in May, despite a lengthy campaign led by the school’s parent council.
However the Scottish Government decided to call in the decision, citing concerns over how the process was handled.
The authority was told further investigation of the decision was required, in particular around the school’s capital costs, efforts to address the reasons for closure and the impact on the local community.
In response the council asked for a judicial review, which got under way at the Court of Session in Edinburgh yesterday.
The local authority is asking the court to suspend the review process and find that the Scottish Government erred in law by calling the decision in.
James Mure QC, acting for the council, argued that there were no failings in the original decision-making process.
He said: “With regard to the financial information, there’s a suggestion that the saving has been overstated.
“The amount, £330,000, is high but other schools are comparable – at Greenloaning £320,000 was due to be spent in the coming two to five years and at Forteviot it’s almost £400,000 of spending that’s required.
“The costs are what they are, it’s not an error. The figure is the correct addition of the listed elements and it can’t really be said to be a failing in significant regard.”
He added that the local authority had looked at ways of addressing the low pupil roll – which is currently just eight – and keeping the school open, including considering redrawing catchment boundaries.
“The reasons for the proposal are set out as insufficient pupil numbers,” he said. “There were four options (for the school) considered, one of which was to review the catchment and specific assessments were made.
“The council came to the decision that the only option open to them was closure.”
Morag Ross QC, representing the Scottish Ministers, said the School Closure Review Panel was an independent body and a referral to it was designed to ensure proper scrutiny of such decisions.
She said a referral did not impact on the reputation of the council itself.
The review, being heard before Lady Wise, will continue today.
