Perth and Kinross Council has been accused of wasting public funds by one of the men who helped draw up the legislation governing school closures.
The local authority requested a judicial review into the decision by the Scottish Government to call in the closure of Abernyte school.
Sandy Longmuir, of the Scottish Rural Schools Network, said they could have saved money – or even paid nothing at all – by allowing the process to run its course.
Once a decision is called in by the Scottish Government it is referred to the School Closure Review Panel, which ensures a local authority has fulfilled its statutory responsibilities and that no considerations relevant to the decision have been missed.
Section 17 of the Schools (Consultation) (Scotland) Act 2010, on which Mr Longmuir consulted, allows councils to appeal decisions made by the panel through the Sheriff Courts.
However, Mr Longmuir said there was every chance the panel may have found in Perth and Kinross Council’s favour.
He said: “If the panel had found in favour of the council it would have cost them nothing. But if the panel ruled against them, the legislation has a mechanism to challenge that through the Sheriff Courts, which is cheaper.
“This (judicial review) will be costing them a pretty penny and is a waste of money. It should have been left to run its course – they are getting ahead of themselves with this.”
Gerard McGoldrick, chairman of Abernyte Primary School parent council, agreed with Mr Longmuir.
He said: “I’m very disappointed at the whole situation. The council are not following the process set out in law. It’s a waste of a lot of money and is trying to circumvent an independent process.
“The longer this is delayed it just creates uncertainty for the pupils.
“I think what the council is doing is trying to avoid scrutiny – they know the questions they would be asked they do not have robust answers to.”
At the judicial review hearing at the Court of Session in Edinburgh this week, Perth and Kinross Council argued the Scottish ministers had erred in law by calling in the Abernyte closure and called on a judge to suspend the process.
James Mure QC, acting for the council, argued that there were no failings in the original decision-making process.
However, Morag Ross QC, representing the Scottish ministers, said that calling in a closure proposal allowed for scrutiny by an independent panel where concerns had been raised over the process.
She revealed that the Scottish Government had received 52 representations from locals concerning the Abernyte closure.
Lady Wise retired to consider her verdict on Wednesday afternoon and a decision is expected later in the year.
A council spokesman said: “This matter is still the subject of live legal proceedings. We are following due process and therefore Perth and Kinross Council are unable to publicly comment at this time.”
