Letter issued regarding school closures guidance
Full text issued 11 October, 2007 to Education Convenors
Copy to:- COSLA Education Convener
Directors of Education
Dear Convener
I am writing to you on a matter which each of you may have to confront from time to time, namely consideration of the need to adjust the configuration of the school estate and the prospect of having to consult on school closure proposals. This letter sets out the Scottish Government's position on the handling meantime of school closure proposals - whether or not they require Ministerial consent - in advance of our consulting on proposals for a legislative presumption against the closure of rural schools. It should be read in conjunction with the Additional Guidance on Local Authority Proposals for the School Estate, including School Closures which was issued in September 2004 and which is reissued and attached for ease of reference.
You will be aware of our manifesto commitment to introduce a legislative presumption against the closure of rural schools. We are in the process of considering how best to take this forward and intend to consult publicly on a package of measures in due course. Meantime though, I have looked again at the 2004 guidance and come to the decision that now is not the time to make changes to it. Given the prospect of consulting on legislative changes it might be confusing to make a series of interim adjustments at this stage. I also have little issue with the actual substance of the current guidance. My concerns focus more on how some Councils are applying it, particularly where a closure proposal is not referable to Ministers. Let me therefore highlight those aspects where my concerns are most acute.
At the end of paragraph 2 of the guidance there is a recognition of Councils' need to look ahead and have regard to projections of future demand for places. I would ask you to exercise care when doing so, given that this can never be an exact science. Firstly, population projections for a given community or area can fluctuate quite significantly from year to year and secondly, your Council can sometimes take positive action, or encourage or support the taking of action by others, to influence directly the projections and trends - for instance to seek to slow, halt or even reverse the decline in a community's population. Although there may not always be agreement as to the figures, it is very important for a community to understand clearly the basis for the population projections relevant to consideration of any school closure proposal.
The final sentence of paragraph 23 cannot be over-emphasised. In cases referred for Ministerial consent we shall pay the closest attention to the material and information in the case presented by the Council and the way it has demonstrated adherence to the legislation and guidance, taking account also of the issues I have highlighted in this letter. I would re-emphasise that the statutory framework, the guidance and this letter should underpin and be applied to all closure cases, not just those requiring consent. I would be most concerned if there were evidence of any distinction in the way Councils handle proposals which require Ministerial consent and those which do not. My expectation is that the same principles and approach will be applied across the board.
In the opening part of paragraph 27 and in part (a) thereof, there is reference to the need for your Council to set out the educational advantages of the proposed closure. This is critically important not only for those directly or indirectly affected, but also in the context for instance of your authority's duty to secure improvement in the quality of education provided in schools. For that reason, in future cases which are referred for Ministerial consent I shall be asking for HMIE's independent and professional advice on the case presented by the Council and on the envisaged educational advantages which the Council indicates that the proposal is intended to secure.
That said, there are other considerations which Councils may also need to take into account, as illustrated in the subsequent sections of paragraph 27. A balance may have to be struck at times between increased travelling times and distances and the envisaged benefits that would accrue from a closure proposal. The way in which the financial considerations are calculated and set out needs to made absolutely clear to all parties. There may also be real and contentious implications for the local community served by the school, which can be the focus of many of the consultation responses. It is important that Councils do give proper consideration to all such relevant matters prior to reaching their final decisions, although as the guidance indicates, the educational case - and the best interests of the pupils - at the end of the day has to be the key consideration.
It is crucial that the guidance is read and acted upon, as a whole rather than selectively, and in the spirit of the whole document. An example would be in paragraphs 29 and 30. They have to be read together and in the context of the rest of the guidance. Although this section acknowledges that authorities may well have to take into account wider considerations than the purely local, there is an important emphasis in such circumstances on any proposal delivering advantages locally, for those pupils directly affected, as well as on the wider scale.
Finally, whilst thoroughly endorsing the section of the guidance on the consultative process, I would very much wish to reinforce the message at the end of paragraph 33. The consultation process should always be a genuine one, one in which the points and issues raised at public meetings and by those responding in other ways are taken seriously, explored and also answered. In a process where transparency and accountability count for so much it strikes me as essential that those who have participated in the process get some sort of response or reply beyond just the announcement of the final decision. By that I mean that the Council endeavours somehow publicly to explain and set out how the consultation input and points raised were indeed considered and explored and then how and why the Council's final decision was reached. Drawing those links and setting out the post-consultation actions and of the decision making process are surely an integral part of genuine consultation and vital if people are to understand the rationale and reasoning behind your Council's decisions.
Before leaving the issue of consultations I would also wish to stress that pupils, every bit as much as parents, are also key stakeholders in any potential changes to school provision. Experience suggests that their input at an early stage can be very helpful. I would therefore expect you to use relevant strategies to engage with pupils when considering any alterations to the pattern of educational provision.
Let me conclude by asking you to reconsider the 2004 guidance and the way your Council applies it, in light of this letter, when you next have occasion to contemplate a school closure.
FIONA HYSLOP
This letter corresponds with School Closures Guidance.